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‘Central Park Karen’ believes its racist to call someone racist. A federal judge disagreed and dismissed her lawsuit.

You guys remember ‘Central Park Karen,’ right? I wrote about her last year. ‘Central Park Karen’ (not her real name) is a white woman who worked as a portfolio manager for an investment company in New York. That is until a video went viral on social media. That video depicted…

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In 2015, she sued for LGBT discrimination. One landmark SCOTUS decision later, she still lost.

The former part-time Director of Operations for a college hockey team was sure that her employer fired her because she was gay. Consider the following: During the 2014-15 season, the women’s hockey team had five staff and coaches, all of whom were gay women. The part-time Director of Operations (also…

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My source told me that a federal court has blocked the EEOC’s recent LGBT guidance

Who is my “source”? I got the scoop from EEOC Commissioner Andrea Lucas, who updated us on LinkedIn over the weekend about a Tennessee federal judge who entered this preliminary injunction to stop the U.S. Equal Employment Opportunity Commission from implementing this technical assistance document issued in June 2021 that…

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Is it legal to fire someone for getting an abortion?

Yesterday, we covered whether the Family and Medical Leave Act allows women who have an abortion to obtain leave for a serious health condition. Today, we’ll talk about the Pregnancy Discrimination Act (PDA), which amended Title VII of the Civil Rights Act of 1964 to prohibit employers from taking adverse employment…

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Judge, my employer is so biased. They keep promoting me. 😲

That’s effectively the argument the plaintiff, an openly gay man, made in this case. The plaintiff worked as a server at a restaurant. Within a few months, his supervisor spoke to him about taking on a leadership position. (Heavens, no!) But here’s where the plaintiff got rubbed the wrong way.…

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Is calling a man “bald” considered harassment based on sex?

Yesterday, I read many headlines, like this one in The Guardian: “Calling a man ‘bald’ is sex-related harassment, employment tribunal rules.” Is it, though? Let’s take a closer look. First off, let’s dispense with a giant disclaimer. This decision is from an English Employment Tribunal, an independent tribunal that makes…

Posted in: Sex
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When do N-words and sex jokes NOT create a hostile work environment?

Hopefully, this question doesn’t have you clutching your pearls. I assume that your business has both an anti-harassment policy and regular training. But some of your employees are jerks. Some use foul language, make rude comments, and even cross the line into behavior that may foster a hostile work environment,…

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While the EEOC facilitates bias claims for non-binary employees, here are seven ways to support them at work.

The nation’s anti-discrimination enforcer is promoting greater equity and inclusion for members of the LGBTQI+ community. Soon, non-binary individuals can select a nonbinary “X” gender marker during the voluntary self-identification questions that are part of the intake process for filing a charge of discrimination. The U.S. Equal Employment Opportunity Commission…

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A worker who claims she was fired for COVID-19 weight gain while quarantining is suing for . . . sex discrimination?!?

And she may win. With a tip of my hat to Abby Wargo at Law360, who reported this lawsuit here, I read a bartender’s federal complaint against her former employer. The short of it is this. The plaintiff worked for an adult entertainment venue but was not an adult entertainer or…

Posted in: Sex