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Federal Appellate Court Finds That Title VII Bans Gender Identity Discrimination

The US Court of Appeals for the Sixth Circuit ruled on March 7, 2018, that workplace discrimination on the basis of gender identity and gender expression violates Title VII of the Civil Rights Act of 1964. The language of Title VII does not expressly prohibit discrimination on the basis of gender identity. However, the US EEOC has taken a broad approach to enforcing Title VII’s prohibition on sex discrimination, arguing that it includes both gender identity and sexual orientation.

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IRS Announces Limits for Health Savings Accounts and High-Deductible Health Plans for 2019

On May 10, 2018, the IRS announced cost-of-living adjustments to the applicable dollar limits for health savings accounts and high-deductible health plans for 2019. Many of the limits will change for 2019.

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Navigating the Challenges of Cross-Border M&A Transactions

Last month, Alexander Lee and Maureen O’Brien joined with Rob Wellner from Velocity Global to discuss the tax and employee benefits complications that arise in cross-border transactions. Key points discussed:

  • Complex tax structures must be considered and understood
  • Transfers of employment may be governed by different statutes in each affected jurisdiction
  • Purchasers may not be ready to provide employment, payroll and benefits on the closing date without significant pre-closing work

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San Francisco Health Care Security Ordinance Annual Reporting Due April 30

If an employer has employees in San Francisco and is subject to the Health Care Security Ordinance (HCSO), the employer must submit its 2017 Annual Reporting Form by April 30, 2018.  Failure to timely submit a report could expose employers to penalties of up to $500 per quarter. To begin, obtain your company’s San Francisco business identification number and submit your report online here.

If you are not sure whether you are subject to the San Francisco’s HCSO, reach out to the author or your regular McDermott attorney.




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The Forgotten “T” in LGBT Diversity: Best Practices for Creating a Transgender-Inclusive Workplace

Todd Solomon urged employers to “get past” a reluctance to deal with transgender employee concerns and “press the issue in order to create a comfortable and inclusive environment” in the workplace. “Support for LGBT employees must come from the top down in order to be effective, and it has to be evidenced by concrete actions in addition to mere words,” Mr. Solomon stated.

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Originally published in The SHRM Blog (Society for Human Resource Management), March 26, 2018.




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LIVE WEBINAR | Employee Benefits and Employment Integration: How to Handle Transactions Without Losing Your Workforce

Avoid the culture wars and legal issues post-transaction. Join our lawyers Kristin E. Michaels, Maureen O’Brien and moderator Judith Wethall for a discussion of how to best integrate employees and employee benefit plans after a transaction.

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The Import of a Rapid, Thorough Corporate Response to Allegations of Harassment

The increased focus on issues of harassment is putting corporate culture under a microscope. Corporate management and board members—regardless of whether the entity is private, public or charitable—must adjust the way they think about harassment in the workplace and how to respond to allegations of misconduct.

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Webinar: Navigating the Challenges of Cross-Border M&A Transactions

Join us Wednesday, March 21 at 1:00 pm (EDT) for an in-depth webinar on navigating cross-border mergers and acquisitions. Partners Alexander Lee and Maureen O’Brien along with Rob Wellner from Velocity Global will be presenting the unique tax, employment, benefits and executive compensation issues that arise during and after a global transaction. With these insights, participants will learn how to manage challenges associated with M&A activities and implement new solutions that streamline the process.

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