You’re right, Commissioner Feldblum. Social media is awesome! Last Friday, I posted here about a recent federal-court decision addressing the sex discrimination claims of a transgender employee. What drew my attention to the case was this Facebook status update from EEOC Commissioner Chai Feldblum, in which she touted the court’s decision as further support for…
Articles Posted in Sex
Did a federal court just rule that transgender discrimination is sex discrimination?
Back in April, the EEOC concluded that transgender discrimination is discrimination based on sex and, therefore, violates Title VII. That same month, a federal court denied another employer’s motion to dismiss the sex discrimination claims of a transgender employee. However, in denying the motion to dismiss, the court did not…
New GOP bill in Congress addresses equal pay for men and women
How about that! * * * If you have an iPad or iPhone and updated to iOS 9, then you have Apple News. And, if you have Apple News, then you can read The Employer Handbook right from the app. Just click here to add The Employer Handbook to your…
Can a company regulate employee weight and appearance?
According to a New Jersey appellate court, Borgata Hotel Casino & Spa can do it. Two years ago, a NJ trial court judge dismissed the claims of 22 female cocktail servers, also known as “BorgataBabes,” who claimed that they were victims of gender and weight discrimination. Borgata dictates that its BorgataBabes, both…
Coming soon: A new, comprehensive LGBT anti-discrimination bill in Congress
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…
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…
From Caitlyn Jenner to new OSHA guidance on restroom access for transgender workers
Caitlyn Jenner got the cover of Vanity Fair and a million new Twitter followers shortly after confirming that she was no longer Bruce Jenner. So, by riding that wave with a timely blog post, I should at least get page 5 — above the fold — in the latest edition of “Employment-Law Blog…
100,000 reasons to take all forms of discrimination seriously
And, that includes discrimination against bronies men. Because remember my January post about the EEOC suing Ruby Tuesday, alleging that the restaurant chain discriminated against male employees for temporary assignments? Welp, that case just settled for $100K! But, wait! There’s more… From this EEOC press release: The company will provide training…
EEOC scores a major victory for transgender rights
Last September, for the first time ever, the EEOC sued two private employers for discriminating against employees who had transitioned from one gender to another. One of those cases settled last week for $150K. Yesterday, the other action survived the employer’s motion to dismiss the case. Now, the federal court deciding…
EEOC: U.S. Army’s bathroom restriction on transgender employee was sex discrimination
Exactly one month ago, I addressed what many consider to be the elephant in the room when it comes to transgender employees: bathroom use. On Wednesday, EEOC Commissioner Chai Feldblum fired off a series of tweets (1, 2, 3, 4, 5, 6, 7) to lawyers representing employers and employees. Below (and…