Last week, five players on the U.S. Women’s National Soccer Team filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against the U.S. Soccer Federation. The women claim that they paid up to four times less than their male counterparts for doing basically the same job.
Back in 2012, when I wasn’t part of this new protected class, I wrote here about whether an employer would violate the Americans with Disabilities Act by requiring an employee to work overtime. The takeaway from that post was, yes, if working a minimum number of hours each week is an essential job function, disabled or not, an employee needs to work those hours.
On Wednesday, the Eleventh Circuit Court of Appeals revisited this issue. Let’s see what happened…
If national origin motivates an employment decision, that’s disparate treatment. Title VII forbids disparate treatment.
So, what if…
- nepotism motivates an employment decision, which
- involves favoring one nationality over another, then
- does national origin motivate the employment decision?
Or, put another way: could nepotism violate Title VII?
Because, I’m pretty sure that I’ll get my employment-lawyer-blogger card revoked if I don’t offer a self-deprecating blog post about age discrimination on my 40th birthday. But, feel free to raise my spirits by pledging a pair of tickets to the Philly stop of the Guns N’ Roses reunion tour.
Oh, God! I really am old!
Businesses will be like…
That’s because, earlier this month, Senator Patty Murray (D-WA), top Democrat on the Senate Health, Education, Labor, and Pensions (HELP) Committee, Senator Sherrod Brown (D-OH), and Representative Rosa DeLauro (D-CT), introduced the Wage Theft Prevention and Wage Recovery Act. According to this HELP press release, this new bill would put a lot of additional sharp fangs into the Fair Labor Standards Act.
Fortunately for me, my cell phone is locked. And, the most salacious contents are in a Dropbox full of employment-discrimination cases. Yes, I own the dorkiest cell phone ever. Don’t judge.
(And if you want to guest blog on an employment-law topic at The Employer Handbook? Email me).