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Sex Discrimination

Courthouse Steps: McLane v. EEOC

Labor & Employment Law Practice Group Teleforum Tuesday, February 21, 03:00 PMFederalist Society Teleforum Conference Call

In McLane v. EEOC the Supreme Court is being asked to resolve a circuit split regarding appellate court standard of review of district court decisions to quash or enforce an EEOC subpoena.

Damiana Ochoa worked for McLane Company, a supply chain company.  After returning from maternity leave, Ms. Ochoa was required to take a “physical abilities” test, which she failed three times.  Subsequently, she was fired and Ms. Oschoa brought a gender discrimination claim against McLane. The district court denied part of one of the subpoenas EEOC issued to McLane.  The 9th Circuit reversed, reviewing the district court’s decision to limit the scope of the EEOC subpoena “de novo,” which is contrary to the deferential review eight other appellate courts follow.  The Supreme Court has been asked to resolve this circuit court split.

Karen Harned, Executive Director of the National Federation of Independent Business Small Business Legal Center, attended oral argument and will join us to provide her impressions of argument, examine the case, and explore potential impacts of the upcoming decision on employers, employees, and the EEOC during this Courthouse Steps Teleforum conference call.

Featuring:

  • Karen Harned, Executive Director, National Federation of Independent Business Small Business Legal Center

Courthouse Steps: Gloucester County School Board v. G.G. - Podcast

Administrative Law & Regulation Practice Group Podcast
Kyle Duncan January 10, 2017

In late October the Supreme Court accepted a petition from the School Board of Gloucester County, Virginia seeking to overturn a lower court’s order that a 17-year-old transgender student, born female but identifying as male, be allowed to use the boys’ restroom during senior year of high school. The Department of Education’s interpretation of Title IX and 34 C.F.R. § 106.33, reflects that public schools must “generally treat transgender students consistent with their gender identity.” The Court will consider this interpretation and hear argument on whether courts should extend deference to unpublished “guidance” letters issued by the U.S. Department of Justice and the U.S. Department of Education. Kyle Duncan, attorney for the School Board of Gloucester County, recently filed the Board’s Supreme Court brief and joined us to discuss this important case.

Featuring:

  • Kyle Duncan, Partner, Schaerr Duncan LLP

 

Conscience Cases and Religious Liberty - Podcast

Religious Liberties Practice Group Podcast
Ryan T. Anderson, Anthony Michael Kreis December 21, 2016

With the legalization of gay marriage, numerous cases have arisen in which private citizens have refused to provide services to same-sex citizens getting married. Bakers, photographers, and even local magistrates have been taken to court for discrimination. In this Teleforum, our Religious Liberties experts will join us to discuss whether refusing products or services for same-sex weddings should count as sexual orientation discrimination, and if so, whether the law should provide exemptions for refusals based on religion or conscience about the nature of marriage.

Featuring:

  • Dr. Ryan T. Anderson, Senior Research Fellow in American Principles and Public Policy, The Heritage Foundation
  • Prof. Anthony Michael Kreis, Visiting Assistant Professor of Law, Chicago-Kent College of Law