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Evolving Science May Provide Coverage for Transgender Employees Under the ADA
A recent federal lawsuit could change the way employers need to structure their employment policies and procedures as they impact transgender employers under the Americans with Disabilities Act (ADA).
For many years, transgender individuals have relied primarily on state anti-discrimination laws to bring claims of employment discrimination against employers. After the landmark 1989 Supreme Court case Price Waterhouse v. Hopkins made sex-stereotyping a viable claim for sex discrimination under Title VII, courts in a few Circuits ' notably the U.S. Courts of Appeal for the First, Sixth, Ninth and Eleventh Circuits ' have held that certain forms of discrimination against a person for being transgender is prohibited by Title VII under a Price Waterhouse theory, or equivalent federal laws. For purposes of this article, I will use the word “transgender” as an umbrella term to discuss individuals whose gender identity and/or expression is different than what society might expect based on their sex assigned at birth.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.