Tax Bill Bars Companies From Deducting Payments in Sex Harassment Settlements Where Agreement Is Subject to a Nondisclosure Agreement

The Tax Cuts and Jobs Act of 2017 (the “Tax Bill”), which President Trump signed into law on December 22, 2017, eliminates companies’ ability to deduct settlement payments in sexual harassment cases, where such payments are subject to non-disclosure clauses (“NDAs”). Under the extremely broad provision, “No deduction shall be allowed” for “(1) any settlement or provision related to sexual harassment or sexual abuse if such settlement or payment is subject to a nondisclosure agreement, or (2) attorney’s fees related to such a settlement or payment.” The prohibition applies to amounts “paid or incurred” after December 22, 2017, meaning that companies currently negotiating sexual harassment claims are affected.

Campbell Litigation, P.C.January 11, 2018Tax Cuts and Jobs Act, Trump, Internal Revenue CodeComment

Trump Administration: Federal Civil Rights Law Does Not Protect Transgender Workers

With the release of a Justice Department memo on October 5 titled “Revised Treatment of Transgender Employment Discrimination Claims,” signed by Attorney General Jeff Sessions, the Trump administration has cast aside any uncertainty about its position of federal protections for transgender workers. Referring specifically to Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination on the basis of sex, the memo asserts that federal civil rights law does not protect transgender people from discrimination at work. The memo was sent to all U.S. attorneys and the heads of all federal agencies.

Campbell Litigation, P.C.October 12, 2017Transgender, Trump, Sex Discrimination, OSHAComment

What You Should Know: Federal and State Employment Protections for Transgender Workers

In light of the publicity surrounding President’s Trump’s recent tweets regarding transgender individuals serving in the United States military, it is important for employers to be aware of current prohibitions at the state level for employment discrimination based on an employee’s status as a transgender man or woman, as well as the Equal Employment Opportunity Commission’s (“EEOC”) current view that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination based on transgender status. A transgender person is someone whose gender identity differs from the sex marked on their birth certificate.

Campbell Litigation, P.C.August 3, 2017Trump, Trump Twitter, Transgender, Colorado Anti-Discrimination Act, CADA, EEOCComment

FEDERAL CONTRACTORS BENEFIT FROM TRUMP ADMINISTRATION’S REPEAL OF BLACKLISTING ORDER

Last month, President Trump rescinded the Obama-era Fair Pay and Safe Workplaces executive order (a/k/a, the “Blacklisting Order”), which required companies to disclose violations of numerous federal employment and labor laws in order to qualify for contracts with the federal government, and practically created the risk that certain employers would be “blacklisted” from procuring federal contracts. The repeal came through the Congressional Review Act of 1996 (the “CRA”), which provides a fast-track process for repealing agency regulations.

Campbell Litigation, P.C.April 27, 2017Trump, Blacklisting, Congressional Review Act of 1996, CRA, federal contractorsComment

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