On my speaking boondoggles around the country, what’s the biggest issue I hear from HR professionals involving transgender employees? Yep, it’s the use of the bathroom. Folks, it’s not that complicated. But, I’ll get to that in a sec. First, with a tip of the hat to Joshua Block (@JoshACLU), over…
Articles Posted in Sex
Goodbye, Ruby Tuesday. EEOC hung sex discrimination on you.
I’ve got some apples reverse sex discrimination on the menu today. How you like dem apples? More after the jump… * * * (At the last minute, after a deep internal debate which cost me at least 12 brain cells. I decided to save Karma Chameleon for another post.) The EEOC announced…
Saks claims transsexual discrimination is legal. And here’s why they’re probably right.
Over the weekend, I joined a Facebook thread discussing a recent federal court complaint filed in Texas by a former Saks employee, Leyth O. Jamal. Ms. Jamal claims that Saks violated Title VII of the Civil Rights Act by discriminating against her because she is transsexual. Saks claims (here) that…
Two Men + One Purple Nurple = Zero Sex Discrimination
Little known fact: Pythagoras invented the Pythagorean theorem around 500 BC, which he nearly dubbed the Chicken Pot Pie theorem, because he loved CPPs so much. That same year, Pythagoras’s brother, Sarogahtyp, discovered that, when one man tweaks another man’s nipple, it’s not sex discrimination. But, it will get you…
Federal court permits discrimination against transgender employee
Under federal law (Title VII), employers cannot discriminate because of one’s sex. While Title VII does not explicitly coverage transgender employees (i.e., someone born female who presents male, and vice-versa; also known as gender identity), the EEOC’s position is that transgender employees are protected too. Indeed, they’ve begun filing federal…
Sexting, flirting, but no sexual harassment here.
To prove sexual harassment, a plaintiff must have been subjected to pervasive or severe behavior based on the plaintiff’s sex. Further, not only would an objective person have to find the behavior offensive, but the plaintiff must be offended as well. Usually, when a plaintiff claims sexual harassment, a court…
Check out the EEOC’s playbook for combatting LGBT discrimination
Even without a federal law that specifically bans discrimination in the workplace based on sexual orientation or gender identify, it’s no secret that one of the EEOC’s top priorities is to protect LGBT workers from discrimination. And the EEOC is being quite transparent about it, with a new guide for…
The importance of having clear employment policies…and following them
Remember that Americans with Disabilities Act case involving Walgreens and the $1.39 bag of chips. In that one, the store appeared to really step in it by firing a diabetic who ate a bag of chips from the store without paying for it. The employee claimed that she needed the chips for…
The #EEOC makes history by filing its first ever transgender-discrimination lawsuits
Bending iPhone6’s? Derek Jeter’s last home game in Yankee pinstripes? Attorney General Eric Holder to resign? Bah! The U.S. Equal Employment Opportunity Commission was the one stealing the headlines yesterday — err, doing something that I decided to be most blogworthy. Details on two historic lawsuits after the jump… *…
Same-sex training. Ok or discrimination?
According to the EEOC, if men can only train men, and women only women, that may be discrimination. But, let’s see what a federal court has to say about that after the jump… * * * New Prime, Inc. is one of the largest trucking companies in the USA. The…