Marielam1, CC BY-SA 4.0, via Wikimedia Commons Last year, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has discriminated based on sex in violation of Title VII of the Civil Rights Act of 1964. Yesterday, the Supreme Court…
Image by Oberholster Venita from Pixabay Today we’re going back to the basics and learning how a plaintiff must prove a sex discrimination claim based on circumstantial (i.e., the defendant doesn’t concede, “I fired you because you’re a woman.”) A prima facie claim for sex discrimination. First, a woman alleging…
Stephanie Astono Salim, CC BY-SA 4.0, via Wikimedia Commons Yep, we’re celebrating! On June 15, 2020, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has violated Title VII of the Civil Rights Act of 1964.…
Sodacan, CC BY-SA 3.0, via Wikimedia Commons An international airline is learning this lesson the hard way. Last Friday, the American Civil Liberties Union announced that it had sent this letter to a northwest-based airline on behalf of a non-binary employee demanding that it “stop enforcing a uniform policy that…
forever by priyanka from the Noun Project Sometimes it’s easy to lose the forest for the trees. Last night, after uploading the recording of yesterday’s CDC Face Mask Zoom to The Employer Handbook YouTube Channel, I read this recent Fifth Circuit opinion. It involves a transgender employee suing a former employer…
vodka by Oksana Latysheva from the Noun Project The headline in the Toronto Sun read, “Sex-partying drywallers fired: Contractor.” Meanwhile, the Daily Star went with “Builders sacked after video of boozy birthday party with stripper goes viral.” And I thought to myself that since I’m running this “DON’T DO THIS”…
Senate Democrats, CC BY 2.0, via Wikimedia Commons “Equal Pay for Equal Work” has been the rallying cry in support of the Paycheck Fairness Act (PFA), which the House passed last week by a 217-210 vote. According to the U.S. Bureau of Labor Statistics, in 2020, women earned 82 cents…
Daniel Barcelona, CC BY 3.0 <https://creativecommons.org/licenses/by/3.0>, via Wikimedia Commons Did I ever tell you guys about the wacky race discrimination case I defended involving a male fast-food franchise employee caught on video smacking a female co-worker? Both the violence and subsequent bogus race discrimination claim were unsettling. Still, it was…
Image Credit: Pixabay.com In 2019, the House of Representatives made history when it passed the Equality Act, a comprehensive LGBT rights bill. More than just workplace rights. The Equality Act would amend Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law for the workplace, to clarify that discrimination based…
Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons On Monday, I blogged about President Biden’s first HR-compliance wish list, which focused on COVID-19 mitigation efforts. On Wednesday, President Biden was sworn in. And, folks, he wasted no time making moves that will impact…