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Transgender and Title VII: Time to Change?
If you have practiced employment law for more than a decade, you probably assume that Title VII does not cover transsexuals, transvestites or other transgendered individuals. It's simple: A lot of cases have held that “sex” discrimination does not extend beyond traditional notions of “male” and “female.” Besides, an individual's sexual orientation is not protected under Title VII, so why should the transgendered be protected?
Such an assumption is no longer necessarily valid. There appears to be a growing trend toward recognizing a cause of action for sex discrimination under Title VII when a transgendered employee suffers an adverse employment action. This development is grounded in the Supreme Court's decision in Price Waterhouse v. Hopkins, 420 U.S. 228 (1989), the case that found sex stereotyping can violate Title VII. Recently, in Smith v. City of Salem, Ohio, 369 F.3d 912 (6th Cir. 2004), the Sixth Circuit used the Price Waterhouse analysis to hold that a transitioning pre-operative transsexual could proceed with his claim of sex discrimination both because of sex stereotyping and because transgendered individuals are covered under the Act.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
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Blockchain Domains: New Developments for Brand Owners
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Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.