Employment and Work

  • Determined whether a club is considered a business establishment, and would therefore be subject to the Unruh Civil Rights Act.
  • Determined whether an employer violates federal anti-discrimination law (Title VII) by excluding contraceptives from a prescription drug plan that covers other prescriptions.
  • Determined the evidence standard for sex discrimination in employment (Title VII) cases, and resolved whether a promotion based on sex stereotyping is in violation of Title VII.
  • Individuals and the EEOC are seeking justice for dozens of immigrant women and men subjected to abuse in their workplace, including sexual assault, extortion, felonious assault, and sexual harassment.  This specific appeal seeks to enforce the confidentiality protections available under the Violence Against Women Act (VAWA) for individuals who apply for U-visas and T-visas, which are available to crime victims who cooperate with authorities and for immigrant family violence victims who apply for immigration relief under VAWA.The issue of confidentiality of VAWA self-petitions, U-visa, and T-visa applications has been litigated in the lower courts, but this appeal is the first time that a federal appeals court has heard the issue.  By submitting this brief, we hope to strengthen the Violence Against Women Act by ensuring that immigrant victims of sexual assault, harassment, and other crimes receive the full protections available to them under the law.
  • Determined whether Section 5 of the Fourteenth Amendment authorized Congress to enact Title I of the Americans with Disabilities Act (ADA), to the extent that it allows states to be sued for violating the ADA and allows Congress to enforce the ADA against the states.
  • Determined whether domestic violence survivors who are discharged from work for reasons related to abuse are eligible for unemployment insurance benefits.
  • Determined whether an employee can bring a claim of gender stereotyping sex discrimination under Title VII even if there is coexisting evidence of sexual orientation discrimination.
  • Determined whether the treatment from the employer to a pregnant employee violates the Pregnancy Discrimination Act.
  • Determined the international application of Title VII to prevent employment discrimination in American companies abroad.
  • Determined the availability of unemployment insurance under New York law for a victim of domestic violence who leaves her job to relocate in order to escape abuser.
  • Determined whether, if an employee can show that the employer’s stated reason for firing her was pretext, her case can go to a jury to decide whether the employer unlawfully discriminated.
  • Defended the policy of prohibiting employers from using applicants’ prior pay to determine compensation, in hopes of reducing the wage gap.