The New Wave Of Title VII Suits Alleging Sexual Orientation Discrimination

On July 26, 2017, the U.S. Department of Justice (“DOJ”) filed an amicus brief in an employment discrimination case pending before the U.S. Court of Appeals for the Second Circuit. In Zarda v. Altitude Express, Inc., the plaintiff alleged he had been discriminated against based upon sexual orientation in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). The DOJ amicus brief argued that, although Title VII prohibits sex discrimination in employment, it does not proscribe sexual orientation discrimination. The brief emphasized that, until recently, federal Courts of Appeal uniformly held that sexual orientation bias is not unlawful under Title VII. The brief added: “Any ef

State Bar Rules "Spymail" And Email "Tracking" Software Unethical

Lawyers and law firms using “spymail” and other “tracking” software in emails sent to opposing counsel and clients are inviting an ethics complaint and potential disbarment as more and more states ban the use of this developing technology in the practice of law. The specific technology, operation, and other features of such email “tracking” software vary widely, but essentially a sender may use email “tracking” software application embedded in each email to secretly monitor the opposing attorney’s and party’s receipt and subsequent handling of the email message, including any attachments. In a recent advisory Opinion No. 18-01, the Illinois State Bar Association ruled an attorney’s use of su

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