Gender Dysphoria Is Covered Under Americans with Disabilities Act, Says Arizona Court.

Mathew Moldawer
Mathew Moldawer
06/27/2024
A federal court in Arizona permitted to move forward a complaint alleging that gender dysphoria is covered under the American with Disabilities Act (ADA). The plaintiffs in the case alleged they suffer from gender dysphoria, essentially identification with a sex other than to which they were assigned at birth. They claim that Arizona’s law unfairly excluded them from participating in girls’ sports. The Arizona law requires participants to engage...
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Out of Sight, Out of Mind… Bye Bye?

I struggled a bit with an appropriate song reference for this blog.   I’m going with “So Far Away,” written by Carole King and track 2 on Tapestry (1971).   In the post-pandemic world there’s been a seismic shift in the world of where you work.   Remote, hybrid, full-time in office… it’s all over the map (pun intended).  As employers try to navigate this new work world order, it’s important to consider what can and cannot be...
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“You might feel better if they gave you some cash…”

Darrell VanDeusen
Darrell VanDeusen
02/19/2024
That’s a line from the Eagles’ “Get over it” (track 1 on the 1994 album Hell Freezes Over). If you watch any TV courtroom drama – you would think that lawyers take a case and wind up having the jury verdict in less than one hour (with time outs for ads).  And justice always prevails.  Of course, reality is far from that imaginary world.  In the real world everyone is entitled to their decade in court. In the employment discrimination...
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Second Circuit Revives Religious Discrimination Claim Of Prison Employee Forced To Remove Hijab

A recent decision from the Second Circuit Court of Appeals overturned a trial court’s dismissal of a religious discrimination claim brought by a female prison employee who was forced to remove a hijab.  The Plaintiff was a corrections officer who was a practicing Muslim, and who requested to wear a hijab at work.  This was in accordance with Plaintiff’s religious obligation to wear a hijab in the presence of men outside of her family.  The...
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Mandalorian Actress Files Suit Against Disney For Wrongful Termination

Earlier this week, the former Mandalorian actress and MMA fighter Gina Carano filed suit in federal court against Disney, alleging that she was wrongfully terminated and the victim of gender discrimination due to her political posts on social media. The Complaint begins: “A short time ago in a galaxy not so far away, Defendants made it clear that only one orthodoxy in thought, speech, or action was acceptable in their empire, and that those who...
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Algorithm Based Discrimination Lawsuit Against Workday Is Dismissed…For Now

Workday recently survived a complaint by a job applicant who claimed Workday’s algorithm screening tools “discriminated against him and other similarly situated job applicants on the basis of race, age, and disability.”  Initially, Plaintiff Derek Mobley filed a charge of discrimination with the Equal Employment Opportunity Commission.  Thereafter, the EEOC issued a dismissal and right to sue letter, permitting Mobley to file suit in federal...
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Big Changes on the Horizon for College Sports?

Kollman & Saucier
Kollman & Saucier
01/23/2024
Charlie Baker’s tenure as NCAA President, being the first person to hold the office without first serving as an athletic director or college president, was always certain to bring a big shakeup to the college sports landscape. But change may be closer than many expected. The NCAA’s Division I (DI) Board of Directors assigned a recent revolutionary proposal, written by Baker, to the DI Council for evaluation. Although a small step in the NCAA’s...
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Penn State Faces Harassment Claims Based On Anti-Racism Initiatives

Diversity, equity, and inclusion (DEI) initiatives have grown more prevalent in recent years (yes, this is stating the obvious).  These efforts have their detractors.  A Google search of DEI will reveal sample DEI initiatives, anti-racism trainings, and the efforts some have taken to criticize and stop such efforts.  Penn State University’s Abington campus, for example, is being sued by a former faculty member who alleges that he was subjected...
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Seeking Workplace Culture Change Not an Accommodation Request

I was told by someone smarter than me (my wife, who’s a long time ago fully recovered lawyer) that my last blog had a bit too much law in it.  So, I am cutting back on the citations. This blog focuses on a Fourth Circuit decision issued this week that merges the Americans with Disabilities Act (ADA) with the political climate that emerged over the last ten years.  Kelly v. Town of Abingdon, __ F.4th __, 2024 U.S. App. LEXIS 14 (4th Cir. Jan. 2,...
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Is Reverse Discrimination Different?

Darrell VanDeusen
Darrell VanDeusen
01/02/2024
“The Way it Is” by Bruce Hornsby and the Range (track 5 on their 1986 album of the same name) is one of my favorite songs in the “poignant” genre.  If you don’t know the song, take a listen.  Heck, take a listen again even if you do know it.  “The Way it Is” is a song about compassion.  The last verse goes: “Well, they passed a law in ‘64 To give those who ain’t got a little more But it only goes so far Because the law...
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