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Third Circuit Expansion of Title VII: Where Is the Line?



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Description: Joining the Second, Fifth, Sixth, and Eleventh Circuits, in the summer of 2021 the U.S. Court of Appeals for the Third Circuit held for the first time that Title VII forbids discrimination against an employee because of their association with a member of a protected class, including not just immediate family members but also more distant relatives. This novel issue has been addressed by federal appeals and district courts across the country over the last few decades in holdings that have established boundaries about how far Title VII’s protections against associational discrimination extend. But, the law is not fully settled on this issue and as the nation continues to battle the COVID-19 pandemic and confront social and racial justice issues, employees have formed relationships and joined social movements both inside and outside of the workplace that are likely to shape what association based discrimination may become. As employers of all sizes nationwide continue exploring new ways to engage their employees in this unique time in history, courts will be confronted with determining the boundaries of what types of relationships and associations fall under the purview of Title VII.
 
This presentation will examine the relationships that have historically been protected under Title VII, those which have not, and explore associations that may be challenged as a result of our changing society.
 
 
 
 
 
 
 
Oliver Katz concentrates his practice on a wide range of general litigation matters.
Prior to joining Blank Rome, Oliver was assistant corporation counsel for the Labor and Employment Law Division of the New York City Law Department. In this role, Oliver handled a high-volume case load in both state and federal court focused on wrongful termination and employment discrimination claims under Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the New York State and New York City Human Rights Law.
 
During law school, Oliver served as a judicial intern for the Honorable Thomas L. Ambro of the U.S. Court of Appeals for the Third Circuit as well as the Honorable Mark A. Kearney of the U.S. District Court for the Eastern District of Pennsylvania.
 
 
Stephanie Kaplan concentrates her practice in labor and employment litigation and counseling. Through proactive training and thoughtful auditing of employment policies, Stephanie works with clients to develop best practices and limit legal exposure. She advises and represents clients nationally on a variety of matters, including:
 
  • Litigation and investigation on behalf of employers involving discrimination, harassment, retaliation, ADEA, ADA, FMLA, wage claims, and restrictive covenants in federal and state courts, and administrative agencies when applicable
  • Manage audits and investigations by federal agencies, including OFCCP audits of government contractors and DOL audits of wage-related issues
  • Employment policies and practices
  • Litigation avoidance
  • Executive employment agreements, restrictive covenants, and protection of corporate assets
  • Separation agreements
  • Labor arbitration
  • Reductions in force
 
Stephanie previously served as a federal law clerk to the Honorable Joel H. Slomsky of the United States District Court, Eastern District of Pennsylvania. She has also spoken at labor and employment law seminars and presentations, including at the Pennsylvania Bar Institute on “A Behind the Scenes Look at Employment Litigation in Federal Court.”



Practice Areas: Employment Law, Family Law, Labor Law
Online Media Type: Audio
Production Date: 02/02/2022
Level: Intermediate
Category: Standard
Duration: 1 Hours, 4 Minutes
Online Format: On Demand

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Credit Eligibility:
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Total Credits: 1
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Status: Reciprocal Credit Available
Expiration: 02/01/2025
Training Type: Online

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Speakers:
Oliver Katz, Esq - Blank Rome LLP
Stephanie Kaplan - Blank Rome LLP
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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