Gender Discrimination

Recent Changes to NDAs in Employment Contracts and Settlement Agreements

For years, companies have used non-disclosure agreements (“NDAs”) and non-disparagement agreements in employment contracts and settlement agreements. These provisions primarily allow companies to protect sensitive business information, but can also be used to prevent workers from speaking about harassment and discrimination in the workplace. While some victims of workplace discrimination enjoy the assurance of privacy that comes with an NDA,…

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Protections Against Discrimination for Nonbinary Employees

Today (July 14) is International Nonbinary People’s Day.  According to a June 2021 study conducted by the Williams Institute, 1.2 million adults in the United States identify as non-binary.[1] “Nonbinary” is an identity embraced by people who do not identify exclusively as men or women.[2]  A nonbinary individual may identify as both a man and woman, somewhere in between, or as…

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New York Judicial Committee Issues Report and Recommendations on Gender Equity in State Court

In November 2020, the New York State Judicial Committee on Women in the Courts released its 2020 Gender Survey, detailing the treatment of women attorneys, litigants, and court employees in the state court system. While the study found that the treatment of women has improved markedly in the last few decades, it also found that significant gender bias continues to persist…

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Final Order Granted in $4 Million Settlement for Plaintiffs in Forest Labs Gender Discrimination Class Action

On June 29, 2018, secured final approval of a $4 million class settlement reached in April 2017 for female sales force members of Forest Laboratories and Forest Pharmaceuticals (“Forest”). Judge Ronnie Abrams’ order in U.S. District Court for the Southern District of New York was the capstone of six years of litigation in Barrett et al v. Forest Laboratories, Inc., et…

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“Take care of your kid situation”—Employers are Failing Working Moms During this Pandemic

As many schools go fully virtual this fall, working parents are faced with many questions about caring for and educating children while working.  Working moms also face an additional question: will my boss perceive me as less committed to my work because I am a woman with children?  Unfortunately, too often the answer is “yes.” That working moms face a…

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What Impact Is COVID-19 Having on Women in the Work Force?

According to a policy brief by the UN Secretary-General published on April 9, 2020, “across every sphere, from health to the economy, security to social protection, the impacts of COVID-19 are exacerbated for women and girls simply by virtue of their sex.” The policy brief concludes that of the nearly 2.7 billion workers impacted by full or partial lockdown measures, women’s economic…

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The Equal Pay Act: Equal Total Compensation Is No Defense If Rate of Pay Is Unequal

Imagine this scenario: a corporation runs health spas, each of which is divided into a men’s division and a women’s division that operate on alternate days.  Male managers run the men’s division, while female managers run the women’s division.  Because there are far more female customers interested in spa services, the corporation decides to compensate the male managers and female…

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Statute of Limitations Under Title IX

Title IX of the Education Amendments of 1972 prohibits colleges, universities, and schools that receive federal funding from engaging in sex discrimination.  Like all legal claims, there are strict time limitations (the “statute of limitations”) within which a Title IX claim must be filed.  Because Title IX does not explicitly set a statute of limitations, courts will apply the statute…

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