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December 19, 2017
The Top 5 Employment Cases Of 2017
A Texas federal court’s invalidation of the Obama administration’s controversial expansion of overtime pay for white collar workers and divergent rulings by two federal circuit courts over whether federal anti-discrimination law covers sexual orientation bias were among the highlights of 2017 for employment law observers. Here, Law360 looks back at five of the year’s seminal court cases.
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August 10, 2017
Skydiver's Estate Tells 2nd Circ. Sex Bias Claims Not Waived
The estate of a deceased gay skydiving instructor on Wednesday pushed back in a Second Circuit en banc rehearing against a skydiving school’s bid to dismiss the instructor’s sex bias case, saying sex discrimination claims have not been waived.
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August 09, 2017
Lawmakers Ask DOJ To Back LGBT Worker Protections
Reps. David N. Cicilline, D-R.I., and Frank Pallone, D-N.J., on Tuesday led a group of about 60 lawmakers in urging the U.S. Department of Justice to rescind its recently adopted position that Title VII doesn't protect against sexual orientation discrimination, saying the DOJ's stance is contrary both to existing law and national ideals.
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July 28, 2017
Sky Dive Co. Tells 2nd Circ. Worker Suit Not Over Sexuality
The employer involved in a Second Circuit en banc rehearing that could undo circuit precedent putting sexual orientation discrimination out of Title VII’s reach argued Friday that the court is bound to maintain the status quo, saying the estate behind the suit can’t sustain its sexual orientation discrimination claims.
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July 26, 2017
DOJ Opposes EEOC's Stance In 2nd Circ. Gay Bias Dispute
The U.S. Department of Justice on Wednesday pitted itself against a fellow government agency in a skydiving instructor's suit alleging he was fired over his homosexuality, telling the full Second Circuit that Title VII doesn't cover discrimination on the basis of sexual orientation.
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June 26, 2017
Lambda, Employers Back Gay Skydiver's Title VII Appeal
LGBT advocacy group Lambda Legal, a union and 50 employers including Google and Microsoft lined up in support of a deceased skydiving instructor Monday as his estate seeks to revive a suit alleging he was fired because he was gay, telling the Second Circuit that sexual orientation is already protected under federal law.
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June 23, 2017
Gay Bias Is Sex Discrimination, EEOC Tells 2nd Circ.
Responding to a request by the Second Circuit to weigh in on the case of a deceased skydiving instructor who claimed he was fired over his homosexuality, the U.S. Equal Employment Opportunity Commission said Friday that discrimination on the basis of sexual orientation is prohibited by Title VII.
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June 01, 2017
2nd Circ. Invites EEOC To Weigh In On Gay Bias Rehearing
The Second Circuit on Wednesday invited the U.S. Equal Employment Opportunity Commission to weigh in on whether Title VII protections extend to sexual orientation-based discrimination following a panel's decision to affirm the dismissal of a discrimination case from a deceased skydiving instructor who claimed he was fired over his homosexuality.
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May 25, 2017
2nd Circ. Grants En Banc Rehearing On Gay Bias Precedent
The Second Circuit will reconsider as a full body its precedent that Title VII does not cover sexual orientation discrimination, granting en banc review Thursday to the estate of a gay skydiving instructor whose bias suit the court declined to revive in April.
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May 03, 2017
Gay Skydiver's Estate Wants En Banc Review In Bias Suit
The estate of a deceased skydiving instructor on Tuesday asked the full Second Circuit to rehear a panel decision affirming a district court's dismissal of claims he was fired because he was gay, saying the panel reached a result dictated by outmoded precedents.