Last Friday afternoon, MSNBC aired a live report of the Coast Guard’s response efforts during Tropical Storm Florence. And, within minutes, Twitter exploded in a different kind of storm over a hand gesture.
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” to include “sexual orientation” or “gender identity.” But that’s not to say that LGBT discrimination cases generally lack merit. Continue reading
The Americans with Disabilities Act prohibits an employer from discriminating against a qualified individual with a disability. What is a “qualified individual”? It’s someone who can perform the essential functions of the job with or without a reasonable accommodation? Ok, what’s an “essential job function”?
Or better yet, can nonessential functions of a particular job later become essential ones?
That’s what we’re going to explore today. Continue reading
Will I sacrifice quality for quantity?
Since you’re not paying me anything to blog, you bet I will. Hopefully, you won’t see it that way. But, if feel otherwise, go jump in a lake I’m sorry. Continue reading
This isn’t that situation. Continue reading
It’s right there in the statute.
Now, you won’t find the words “sexual orientation” or “gender identity” anywhere in the Pennsylvania Human Relations Act. But, starting this month, the Pennsylvania Human Relations Commission is treating both “sexual orientation” and “gender identity” as protected classes.
“Speak, English, Eric!”
LGBT discrimination is against the law in all three states in the tri-state area — at least according to the state agencies that administer each law. Continue reading