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Feds are signalling a rough four years ahead for transgender rights

Late last month, I blogged here about some smoke signals from the U.S. Equal Employment Opportunity Commission that it may be backpedaling on pursuing discrimination claims on behalf of a transgender employee, in a case where the employer had raised a religious-freedom defense. Since then, other dominos have fallen, which indicate that…

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White House will uphold Obama Executive Order protecting LGBT employees of federal contractors

Yep. From Jeremy Peters at The New York Times (here): The White House said on Monday that President Trump would leave in place a 2014 Obama administration order that created new workplace protections for gay, lesbian, bisexual and transgender people. … The decision to keep the order, the statement added,…

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Has the EEOC found religion on LGBT workplace discrimination?

In a transgender-bias case with an employer-defendant concerned about having to violate its sincerely-held religious beliefs, the employee informed a federal appellate court last week that she is “reasonably concerned that the EEOC may no longer adequately represent her interests going forward.” Wow! Wow! WOW!!! “EEOC Sues Detroit Funeral Home Chain for…

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No more job-applicant salary-history questions allowed in Philadelphia ever again. Possibly.

When last we visited the whirlwind saga of the City of Philadelphia’s proposed bill that would ban employers from asking about applicant salary history, I was waxing poetic about Animal House, suggesting here that Mayor Kenney was slowing his roll after City Council had unanimously approved the bill. Yeah, about that… Mayor…

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According to you, these were the top five posts for 2016 at The Employer Handbook

Out of 276,376 page views in 2016 — thanks for reading and clicking refresh, dad — these five were straight fire!!! 5. The new DOL overtime rules are here. You’ve got HR questions? I have answers! 4. Foul! Nasty tweets to Steph Curry’s family cost a Cavs fan his job. 3. “A person…

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Sex on the beach becomes a sexual harassment lawsuit.

Actually, I’m not talking about the drink. No, the case I’m addressing today has actual sex on the beach. And allegations of sexual harassment and disparate treatment. It involves an outside sales representative — let’s call her “Plaintiff” — and the son of the company President, during a boat trip in Mallorca,…

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My 2 cents on President-Elect Trump’s impact on HR-compliance in 2017. (Literally, worth 2 cents)

I’ll open this post with a haiku. Because, I feel like we could all use a haiku. President-Elect For HR, what will he do? Not a stinkin’ clue! …and any employment-law wonk who tells you otherwise, well, we saw how the pundits fared predicting the outcome of the presidential election.…

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PA federal court turns the page and protects gay workers from discrimination

In 2001, the Third Circuit Court of Appeals decided Bibby v. Philadelphia Coca Cola Bottling Co. In Bibby, the Third Circuit could not have been clearer about whether federal anti-discrimination law made LGBT bias at work unlawful. “Title VII does not prohibit discrimination based on sexual orientation. Congress has repeatedly…

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HR-101: Did an NFL fan create a hostile work environment by throwing a sex toy on the field?

At halftime of my seven-year-old’s soccer game, I was perusing my slow weekend RSS feed. Of the seven Feedly items, one stood out: a “news” from Deadspin (NSFW) about a fan who hit the five yard line with a phallus toss (video is NSFW) during the third quarter of the National Football League…

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New report highlights rampant hiring bias against qualified transgender applicants

Hold up. I need to catch my breath after last night’s episode of The Walking Dead. (Don’t worry. No spoilers ahead). Last week, I blogged here about the EEOC’s new Strategic Enforcement Plan. In that post, I singled out the EEOC’s pivot to “clarify[] the employment relationship and the application of…