Divided Sixth Circuit Panel Applies “Cat’s Paw” Theory to FMLA Retaliation Claim

A split panel of the Sixth Circuit Court of Appeals recently held that the “cat’s paw” theory of liability applies to FMLA retaliation claims. In prior opinions, the Sixth Circuit has assumed without deciding that the theory is available in FMLA retaliation cases. But Marshall v. The Rawlings Company, LLC now answers the question directly, and

Court Issues Landmark Decision That Sexual Orientation Discrimination Is Covered by Title VII

On Tuesday, April 4, 2017, the Seventh Circuit Court of Appeals–which covers Illinois, Indiana, and Wisconsin–held that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation. Hively v. Ivy Tech Community College, Case No. 15-1720. The Hively ruling is significant because, to date, no other federal court

Sexual-Orientation and Gender-Identity Issues in the Workplace: Part II

Part II: Bathroom Access for Transgender Employees On May 16, the Obama Administration issued formal guidance regarding bathroom access for transgender students. In a joint letter, the Departments of Justice and Education explained that educational programs receiving federal funding may not discriminate against students on the basis of their gender identity, including “transgender status.” As a

Sexual-Orientation and Gender-Identity Issues in the Workplace: Part I

Part I: Sex Stereotyping and Sexual-Orientation Discrimination Claims Pick up any current newspaper and you’ll likely see a story about sexual-orientation and gender-identity issues (if you can find a current newspaper to pick up). It’s ubiquitous in the national political and religious discussion. Just about everyone has an opinion, and, at times, those opinions spill