The
start
of
the
new
year
is
a
perfect
time
for
Kansas
employers
to
address
employment
updates
from
2018
and
prepare
for
possible
changes
coming
in
2019.
In
this
article,
we’ve
summarized
a
few
changes
and
trends
from
2018,
as
well
as
a
few
changes
we
might
see
in
2019.
EEOC
&
Title
VII
Litigation
Trends.
2018
saw
another
increase
in
harassment
and
discrimination
lawsuits
being
filed
nationwide.
In
fact,
EEOC
litigation
filings
have
doubled
since
2016.
One
big
area
of
movement
is
sexual
harassment
cases
and
charges,
which
rose
significantly
in
2018
after
more
than
five
years
of
decreasing
numbers.
We
expect
this
trend
will
continue
into
2019.
Another
trend
is
the
EEOC’s
sustained
efforts
to
push
for
inclusion
of
sexual
orientation
and
gender
identity
as
protected
classes
under
Title
VII,
which
prohibits
discrimination,
“because
of
sex.”
The
Supreme
Court
has
long
held
that
Title
VII
protects
against
discrimination
for
employees
who
don’t
meet
typical
“gender
norms,”
such
as
a
woman
who
is
not
feminine
enough,
but
it
has
not
yet
addressed
head-on
the
questions
of
sexual
orientation
or
gender
identity.
Over
the
last
few
years,
the
EEOC
has
taken
a
clear
position
that
“sexual
orientation
is
inherently
a
‘sex-based
consideration’
and
an
allegation
of
discrimination
based
on
sexual
orientation
is
necessarily
an
allegation
of
sexual
discrimination
under
Title
VII.”
Currently,
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