May 10, 2024

Labor and Employment Newsletter

3 min

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.


Labor Pains: You Moved My Parking Spot! I'm Suing

Picture this: You're just about set to open a new workplace in Smallsville. The only hurdle remaining is finding the right person to manage the new location. After giving this problem considerable thought, you think you've come up with the perfect solution. You'll transfer your manager, George, in Everytown to Smallsville and promote George's number two, Ada, to run the Everytown operation. George will keep his job title, his compensation and benefits will remain the same, and he will still have the opportunity to climb the corporate ladder. What's not to like? A lot, apparently. Because after a few months in Smallsville, George has filed a charge with the Equal Employment Opportunity Commission alleging that you discriminated against him on the basis of sex when you transferred him and replaced him with Ada. But wait a second, you think, George can't sue us because he wasn't harmed by the transfer—he kept his title, pay, benefits, and career prospects. Right? Under the Supreme Court's latest decision, you are most likely wrong.

Playing by the Rules: Sports Programs Face Challenges in Including Transgender Athletes

A West Virginia law introduced as the "Save Women's Sports Act," which banned transgender athletes from competing on girls' and women's sports teams, was recently struck down by the Fourth Circuit Court of Appeals. In a 2-1 ruling, the court in B.P.J. v. West Virginia State Board of Education sided with a 13-year-old transgender girl who argued that she was prevented from running track at her middle school as a result of the law.

Biden Administration's Final Rule for Title IX Is Finally Here

The Biden administration's Department of Education has finally released the much-anticipated final rule (the "Final Rule") amending the regulations for Title IX, which prohibits sex discrimination and harassment in education programs and activities receiving federal funding. All primary and secondary schools and institutions of higher education (IHE) (together, "Schools") should prepare to comply with the Final Rule, which will become effective on August 1, 2024—just in time for the next school year. Many of the changes from the Final Rule may significantly alter the way Schools handle Title IX matters going forward and will require Schools to revamp their Title IX policies.

Tip of the Month

Grace LeeGrace Lee: With the DOL changes to overtime rules, now is the time to prepare for changes and examine current practices and employee classifications. In addition, with an election coming up, employers should review or implement policies around political speech in the workplace. Finally, AI is here to stay, and clients should provide guidelines on appropriate use of AI as well as training on potential risks.

About the Labor and Employment Group

The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.

Subscribe to Venable's Labor and Employment Newsletter.