The EEOC’s decision to pull back from investigating disparate impact claims has been loud, controversial, and headline-worthy. And for employees watching their charges get administratively closed in real time, it can feel like the agency has simply walked away. But federal courts are not there to referee agency priorities or…
Articles Posted in Sex
Why an easier discrimination standard still couldn’t save this harassment and retaliation case
The Supreme Court recently made it easier for employees to prove discrimination, lowering the bar from “serious harm” to “some harm.” That change came from a 2024 sex discrimination case, but its reasoning can influence other Title VII claims too. A new decision from the federal court in the Eastern…
What employers can learn from the EEOC’s own discrimination case
When the agency that enforces the nation’s anti-discrimination laws ends up defending one of its own under Title VII, that is not just newsworthy. It is a lesson for every employer about how bias, inconsistency, and poor process can sneak into even the most compliance-minded workplaces. TL;DR: A federal judge…
“I Wonder How That Would Work”: The Interview Question That Reopened a Sex-Discrimination Case
It’s the kind of line you say when you’re thinking out loud, not realizing that your thoughts are about to become Plaintiff’s Exhibit A. TL;DR: A First Circuit panel revived a federal postal employee’s Title VII sex-discrimination claim after her supervisor, while interviewing her for a promotion, remarked that…
Can employers compel arbitration in sex discrimination cases, or is there a loophole?
In 2022, Congress passed a law that makes it harder for employers to require arbitration in certain workplace cases. Some employees are now trying to use that law to keep sex discrimination lawsuits in court. A recent case in Connecticut shows the limits of that strategy: not every sex discrimination…
So-Called “Reverse Discrimination”: Easier to Start, Still Hard to Finish
A longtime CFO thought his company’s succession plan was rigged against him in favor of a female candidate for CEO. He sued, claiming sex discrimination and retaliation. Thanks to recent Supreme Court guidance, men bringing reverse discrimination claims no longer face extra procedural hurdles. That makes these cases easier to…
When a Decade-Old Harassment Case Comes Back to Haunt You
You think you’ve solved the problem. You separate the employee from the alleged harasser. You tell him not to contact her—ever. Years pass without incident. Then one day, the same two people cross paths again, and a decision that stops short of firing her, but directly threatens her pay and…
She Said Don’t Call Me “Sweetheart.” That Still Wasn’t Enough to Sue.
Gendered nicknames may be unprofessional, but that doesn’t make them unlawful. A recent federal court decision explains why even repeated comments like “sweetheart” may fall short of what Title VII prohibits. TL;DR: A manager repeatedly called an employee “sweetheart.” She objected, complained, and was later fired. But a court said…
Disclosed Menstrual Pain. Denied the Job. Now They’re Paying $48K to the EEOC.
A job candidate allegedly asked to reschedule an interview due to severe menstrual symptoms. She didn’t get the job. But she did get the EEOC’s attention—and a settlement. TL;DR: The EEOC alleged that a national fitness company violated the ADA and Title VII when it rejected a female applicant after…
So You’ve Gotta File an EEO-1 Report. Now What?
If you’ve been staring at the words “EEO-1 Component 1” and thinking they sound like a rejected Star Wars droid, you’re not alone. But if you’re an HR pro at a private company with 100+ employees (or a federal contractor with 50+ employees and a contract over $50,000), you’ve got…