Image Credit: https://pixabay.com/en/pride-gay-nyc-new-york-city-flag-2444813/ A few weeks ago, a Pennsylvania federal judge reluctantly ruled in this case that discrimination based on sexual orientation is not unlawful (or you, could say, permissible) under Title VII of the Civil Rights Act of 1964. Here’s what Judge Gerald McHugh said: This case involves a…
By Phillips 66 Company – http://hrcpdocctr.phillips66.com/HR_P66_Comm/Benefits/BenefitHighlights.pdf, Public Domain, Link Among Fortune 500 companies, 91% prohibit discrimination on the basis of sexual orientation, and 83% prohibit discrimination based on gender identity. [Source] But, under federal law, circuit courts remain split as to whether Title VII of the Civil Rights Act of 1964…
U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia CommonsYesterday, Supreme Court Justice Brett Kavanaugh delivered the opinion for a unanimous Supreme Court in a case called Henry Schein, Inc. v. Archer & White Sales, Inc. Although the Court’s decision has nothing to do with employment law —…
Image Credit: http://www.freestockphotos.biz/stockphoto/14050 (nicubunu acquired from OCAL (Website)) On most days, I blog for you, my readers, to educate you on new legal issues and to keep you ahead of the HR-compliance curve. This is not most days. Tuesday, December 4 will be one of those days. If you haven’t…
Google Inc. [Public domain], via Wikimedia CommonsThe last month for Google has been big for tech and employment law nerds alike. And I just happen to check both boxes. On the tech side, Google released the latest versions of its flagship phone, the Google Pixel 3 and Pixel 3 XL.…
By Matt Popovich uh (https://unsplash.com/photos/UVe-5ZyDdAE) [CC0], via Wikimedia CommonsShout out to Chris Opfer at Bloomberg Law. Chris reported yesterday that the U. S. Department of Justice filed this brief with the United States Supreme Court in this case, in which it argues that Title VII of the Civil Rights Act of…
Image Credit: Flickr.com (https://www.flickr.com/photos/keithallison/27388069805) //embedr.flickr.com/assets/client-code.js And it’s only Tuesday! On Thursday at 3 pm ET, I’ll be participating in a free 1-hour webinar with my friends at Wolters Kluwer Legal & Regulatory U.S. This one is a “Roundtable Discussion: Navigating LGBTQ+ Issues in the Workplace.” CLE credit is available. You can register for the event…
Image Credit: Pixabay.com (https://pixabay.com/en/metoo-women-harassment-sexual-2859980/) On October 15, 2017, actress Alyssa Milano urged socal media user to share their stories of sexual harassment using the hashtag #MeToo. Maybe you’ve heard of it. Of course, you have. As have the millions of others who have used the hashtag since. This post goes…
By Missatikamekw [CC BY-SA 4.0 ], from Wikimedia CommonsI wouldn’t quite know how to describe the feeling if that were the moniker placed on my business. So, I’ll just go with the opposite of this. In stark contrast to the close call that was the behavior described in yesterday’s blog post,…
Image Credit: Photofunia.com (http://photofunia.com/results/5b9a4b7e46867953) In most federal courts in this country, a plaintiff arguing a Title VII violation because he or she was discriminated against based on his/her LGBT status will lose. That’s a fact. That’s because Title VII prohibits discrimination based on one’s “sex.” And, most courts don’t construe “sex”…