Sexual Orientation Discrimination Not Recognized Under Title VII
By Lukas Clary
Federal law has long prohibited discrimination based on a person’s sex. In recent years, several courts have held that discrimination based on failure to conform to a gender stereotype is a form of prohibited sex-based discrimination. But courts across the country have been more divided about whether those same laws preclude discrimination based on one’s sexual orientation. According to a federal court in Georgia, the answer is no.
U.S. Supreme Court Limits Laches Defense in Patent Cases
By: Eric Caligiuri
In SCA Hygiene Products AB et al. v. First Quality Baby Products LLC et al., the United States Supreme Court held that laches cannot be invoked as a defense against a claim for patent infringement damages brought within U.S.C §286’s 6-year limitations period. The U.S. Court of Appeals for the Federal Circuit had previously held in a 6-5 en banc decision that laches should apply in patent cases because U.S.C.
Changing Overtime Policy May Constitute Retaliation
By Brendan J. Begley
They say that everything is bigger in Texas. That now may be true for the risk that an employer’s change to its overtime policies will result in a claim filed by an employee alleging retaliation in violation of the Fair Labor Standards Act (“FLSA”). That increased risk stems from a ruling by the Texas Court of Appeals for the Fourteenth District in January 2017. In that case,