Articles Posted in Sex

HobbyLobbyStowOhio.JPGI teased it in Friday’s post.

Last week, a Michigan federal court held (here) that a workplace dress code that requires one gender to conform to a sex stereotype (e.g., men must wear suits, and women must wear dresses) is “direct evidence” of sex discrimination. But, the employer in the Michigan case refused to waver from the letter of the dress code, and avoided a sex discrimination claim under Title VII.

Why? Because Hobby Lobby.

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Grand Palace dress code

Just for today, head on over to LinkedIn, and check out my post about how strict application of your dress code could result in a nasty sex discrimination claim.

(And a little teaser for Monday — I’ll explain why the Supreme Court’s Hobby Lobby decision may trump Title VII and allow some employers to discriminate).

rainbowflag

The lede comes directly from last Thursday’s much anticipated decision, in which the Seventh Circuit concluded in Hively v. Ivy Tech Community College (opinion here) that Title VII of the Civil Rights Act of 1964, the federal workplace anti-discrimination statute, does not protect workers from discrimination based on LGBT status.

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Skyline of Times Square

According to Chris Geidner at Buzzfeed.com (here), 128 members of Congress filed a brief in Christiansen v. Omnicom Group, Inc., urging the Second Circuit Court of Appeals to conclude the discrimination based on sexual orientation is sex discrimination and, therefore, violates Title VII.

So, yes, you should pay attention.

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Handshake man - women

Yesterday, I blogged here about New Jersey Governor Chris Christie’s conditional veto of a bill which was intended to level the wage gap between men and women performing substantially similar jobs in the Garden State.

Serendipity.

Last night, I came across this survey from CareerBuilder, which examined the pay disparity between male and female sole breadwinners.

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Governor of New Jersey Chris Christie at Southern Republican Leadership Conference (SRLC), Oklahoma City, OK May 2015 by Michael Vadon 130

There’s an equal-pay-for-women movement going on nationwide. Maybe you’ve heard of it. The most-commonly cited statistic is that full-time American female employees are paid only 79 cents for every dollar paid to men.

Locally, here in New Jersey (technically, I’m typing this post in Cherry Hill, NJ in a diner located between two jughandles), the battle has waged on for some time. On Monday, on Governor Chris Christie’s desk sat a bill, which purported to foster equal pay for men and women.

He vetoed it.

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transgenderbathroom

Around this time last year, I blogged here about Guide to Restroom Access for Transgender Workers. According to OSHA, “all employees should be permitted to use the facilities that correspond to their gender identity.” And, it’s up to the employee to determine for him- or herself “the most appropriate and safest option.”

It should come as no shock that the federal administrative agency tasked with enforcing anti-discrimination law has released a fact sheet, which reaches the same conclusions.

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