Employment Law, Workplace Investigations & Trade Secrets Litigation
Employment Law, Workplace Investigations & Trade Secrets Litigation
Employment-related disputes may have far-reaching implications for a company’s reputation, business and ability to attract and retain talent. Clients turn to Paul, Weiss for our deft handling of the most sensitive internal investigations, high-stakes employment and executive-related litigations, and business-critical trade secrets, non-competition and restrictive covenant disputes.
Second Circuit Review: Sex Stereotyping Based on Sexual Orientation Discrimination
March 23, 2005 Full PDF
The March 23 New York Law Journal "Second Circuit Review" featured an article written by Martin Flumenbaum and Brad Karp, "Sex Stereotyping Based on Sexual Orientation Discrimination." The article reviews a U.S. Court of Appeals for the Second Circuit decision, Dawson v. Bumble & Bumble, whereby the court affirmed a grant of summary judgment, dismissing a plaintiff's claims for employment discrimination based on sex stereotyping. The plaintiff, a gender non-conforming lesbian female, was terminated by the defendant, an upscale hair salon, after 17 months in a training program. In Dawson, the Second Circuit ruled that the plaintiff failed to establish that adverse employment actions taken against her were the result of unlawful discrimination. The court expounded on the requirements for making out Title VII sex stereotyping claims. While Marty and Brad conclude that the Second Circuit's opinion in Dawson leaves open questions regarding the requirements for stating sex stereotyping claims based on underlying allegations of sexual orientation discrimination, they advise that homosexual plaintiffs may face a double bind. They are unable to bring sexual orientation discrimination claims under Title VII and sex stereotyping claims may be viewed by the courts as veiled sexual orientation discrimination claims. The editor notes that associate Tina Samanta assisted in the preparation of this article.