On Monday, I got into last week’s EEOC ruling that sexual-orientation discrimination is sex discrimination and, therefore, violates Title VII. Yesterday, I took up the First Amendment Defense Act, which has been described by the ACLU as “Indiana on Steroids.” On Thursday, make way for the Equality Act, according to Chris Johnson at the Washington…
Articles Posted in Discrimination and Unlawful Harassment
New bill in Congress would permit discrimination against unwed moms and promiscuous men
Oh, and it would allow businesses to fire LGBT employees too. Sorry EEOC. It’s the First Amendment Defense Act, which has been described by the ACLU as “Indiana on Steroids.” Senator Mike Lee (UT-R) and Congressman Raúl Labrador (ID-R), who introduced identical versions last month in both the U.S. Senate and House of Representatives,…
Why the EEOC’s rebuke of sexual-orientation bias may barely affect your workplace.
Last Friday, I briefly mentioned the EEOC’s recent decision, in which it concluded that Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law that bans employment discrimination based on race, color, religion, national origin, and sex, also forbids discrimination based on sexual orientation (e.g., lesbian, gay, bisexual). The EEOC concluded that sex…
Painting an employee’s testicles white may be retaliation, you guys.
(I cannot wait to see what Google searches bring people to this post). Folks, I had a lot I could’ve blogged about today. There’s the new bill in Congress that would allow businesses to discriminate against LGBT couples, unwed moms, and promiscuous bachelors. We’ll save that for next week. I…
NJ has some hella-crazy rules on using confidential documents to prove discrimination
Unless you practice law or operate a business in New Jersey, you just don’t know. You, the naive reader, may assume that California is the state with the most employee-friendly laws. And, while that may be true, New Jersey isn’t too far behind. For example, back in 2010, the NJ Supreme Court recognized (here)…
1 crotch grab + 1 N-word + 1 threat + 4 sex slurs = 0 hostile work environments
You won’t find this one on the SAT’s. Nope, that math is courtesy of the Eighth Circuit Court of Appeals in this recent opinion, in which a nursing home patient subjected the plaintiff, a phlebotomist, to, well, you read the lede. And all of that happened over a span of just…
Hey, remind me, what is associational discrimination again?
We all know that the Americans with Disabilities Act makes its unlawful for an employer to discriminate against an individual on the basis of his or her disability. But, the Act has even broader protections for employees. The ADA expressly prohibits “excluding or otherwise denying equal jobs or benefits to a…
Hey, there’s new pregnancy discrimination guidance from the EEOC
You can find it here. I’d love to hang around and offer my commentary, but I’ve got a thing. Image Credit: “Chevy Chase 1976” by photo by Alan Light. Licensed under CC BY 2.0 via Wikimedia Commons.
What the Supreme Court’s marriage-equality decision means for your workplace.
Ok, presumably, I’m not the only employment lawyer trying to apply the Supreme Court’s decision in Obergefell v. Hodges to the employer-employee relationship. But, I can guarantee that this will be the best post you read about it today. #noguarantees In case you’re just returning from a long-weekend sojourn to Mars, on…
Update your job descriptions. Because, Americans with Disabilities Act.
A friendly reminder that, just because your job description might say what an employee is supposed to do, doesn’t mean that’s what your employee actually does. And, in an Americans with Disabilities Act case, here’s why that matters… At 7:00 am (yawn) on Tuesday, June 30, I’m presenting “My Employees Can…