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Articles Posted in Gender

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Is it discrimination to favor a workplace shortie (shawtie?) over her male subordinates?

Because all the other blogs will say “paramour” or “lover”  in the lede, and I need to remain relevant (or “down,” if you will) with my more trendy readers. Over the weekend, I read this case in which a male plaintiff alleged discrimination because his supervisor was allegedly schtupping a…

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When the supervisor offers an employee $$$ to have sex with his wife, that’s not gender bias, you guys

Terribly sorry about the confusion created by my sloppy use of possessive pronouns in today’s lede. The “his” wife refers to the employee’s wife. Otherwise, this post doesn’t make any sense, does it? (Don’t spend too much time contemplating the question, ok). Yep, just another Tuesday at The Employer Handbook.…

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Judge dismisses “Borgata Babes'” claims of weight discrimination

Sex sells. So, when 22 female cocktail servers at an Atlantic City casino pursued claims of discrimination based on their appearance, it came as little shock to me that the judge wasn’t buying. Last month, a New Jersey state court dismissed a lawsuit against the Borgata Hotel Casino & Spa,…

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Court countenances canning complainers of consensual canoodling

In Centucky Kentucky, it’s not retaliation to fire employees who complain about sexual favoritism. Then again making apple-pie moonshine and using a butcher cleaver to slice off the arm of a Detroit gangster isn’t frowned upon either. At least, that’s what watching Justified teaches me. But even in Kentucky, they…

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Boy meets girl, dates girl, breaks up, calls girl “whore,” gets fired, sues for discrimination

Image credit: atom.smasher.org, licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License. When a male employee texted his female co-worker and former girlfriend that she was a “whore” and later ignored two protective orders that the female co-worker had taken out against him, I wonder if he was thinking, “Maybe,…

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Is an employee with managerial duties “similarly situated” to a manager?

  Maybe it’s the luck of the draw, but most of the discrimination cases I defend are hostile work environment cases, where an alleged harasser supposedly has made an employee-victim’s life miserable with certain comments, jokes, gestures, touchings, you name it. Far less often do I encounter disparate-treatment claims. A…