Frequently Asked Employer Questions: Auditing Employee Pay Structures

Jennifer Milak and Luke West

Question What impact do the recent collective bargaining agreements equalizing pay between the Men’s and Women’s US Soccer teams have on employers outside of professional sports? Answer Following protracted equal pay litigation, the U.S. Soccer Federation has agreed to pay the U.S. Men’s National Team and the U.S. Women’s National Team equally, which (at least…

Frequently Asked Employer Questions: State Health Plan and Gender Affirming Medical Services

Julia Hooten and Luke West

Question Must the North Carolina State Health Plan provide transgender employees with gender affirming medical services (hormone therapy, surgery, and other affirming treatments)? Answer As of now, yes. A District Court judge has ruled in Kadel v. Folwell that refusal to cover gender confirmation procedures and treatment violates the Equal Protection Clause and Title VII of the…

The Equality Act: Reinforcing Bostock and Dealing with Workplace Harassment

Julia Hooten

On June 15, 2020, the Supreme Court held that Title VII of the Civil Rights Act prohibits employers from discrimination against individuals on the basis of sexual orientation or being transgender. In Bostock v. Clayton County, the Supreme Court determined that sex-based discrimination includes discrimination due to gender identity and sexual orientation. Flash forward nearly a year…

Change on the Horizon: What the Government Transparency Act Could Mean for Public Employers

Julia Hooten

In general, except for basic information, the personnel files of public employers are mostly private. NCGS Sec. 153A-98 for County employees, and the companion statute for municipal employees, NCGS Sec. 160A-168, make private the personnel records of public employees, former public employees and applicants for public employment except for 12 enumerated specifics: Name; Age; Date of…

Can Employers Require COVID-19 Vaccines?

Jennifer Milak

On December 16, 2020, the EEOC published guidance for employers concerning mandatory COVID-19 vaccination requirements. The EEOC stated than an employer does not violate the ADA disability-related inquiry prohibition when the employer requires the employee to show proof of receipt of a COVID-19 vaccination.  However, the EEOC warned employers to not ask the employee why…

SCOTUS Holds That Title VII’s Prohibition on Sex-Based Discrimination Also Prevents Discrimination Against Homosexual and Transgender People

Matt Marriott and Latasia Fields

On June 15, 2020, the Supreme Court of the United States published an opinion in Bostock v. Clayton County resolving the dispute among the Courts of Appeals over the scope of Title VII’s protections for homosexual and transgender persons. In the 6-3 decision, the Court held Title VII prohibits an employer from discriminating against an…