Articles Posted in Gender Identity

Feds unite with Worker.gov, a one-stop website for employees to address workplace issues

November 1, 2016 | by Eric B. Meyer

After consuming a protein shake or two from a red Solo cup during my family’s Halloween escapades, I retired to the bloggerdome to visit the EEOC’s website. Halloween or not, I have the coolest Monday night routine in all of Cherry Hill, NJ. Oh, heck, probably in the whole state. ~~Because I’m good enough, I’m smart enough, and doggone it, people like me~~.

On the EEOC’s website, I found this tweet encouraging folks to beta test Worker.gov, a tool to help workers learn about and exercise their rights.

Huh…

And speaking of LGBT rights at work, here are two more recent victories for HR to ponder

October 13, 2016 | by Eric B. Meyer

As a corollary to yesterday’s post about David Lopez stepping down as EEOC General Counsel —

*** Googles “corollary” — swish! ***

— I bring you news of two recent court decisions advancing LGBT rights at work.

Court says Hobby Lobby decision sometimes greenlights sex discrimination at work

August 22, 2016 | by Eric B. Meyer

I teased it in Friday’s post.

Last week, a Michigan federal court held (here) that a workplace dress code that requires one gender to conform to a sex stereotype (e.g., men must wear suits, and women must wear dresses) is “direct evidence” of sex discrimination. But, the employer in the Michigan case refused to waver from the letter of the dress code, and avoided a sex discrimination claim under Title VII.

Why? Because Hobby Lobby.

EEOC: Not letting transgender employees use the restroom of their gender identity is sex discrimination

May 3, 2016 | by Eric B. Meyer

Around this time last year, I blogged here about Guide to Restroom Access for Transgender Workers. According to OSHA, “all employees should be permitted to use the facilities that correspond to their gender identity.” And, it’s up to the employee to determine for him- or herself “the most appropriate and safest option.”

It should come as no shock that the federal administrative agency tasked with enforcing anti-discrimination law has released a fact sheet, which reaches the same conclusions.

Legal or illegal, companies don’t have to tolerate LGBT discrimination at work

March 3, 2016 | by Eric B. Meyer

Yesterday, I blogged here about the U.S. Equal Employment Opportunity Commission‘s first lawsuits challenging sexual-orientation discrimination as sex discrimination. While part of the EEOC’s Strategic Enforcement Plan to address emerging and developing issues, getting federal courts to agree that sexual-orientation discrimination is unlawful under Title VII is an uphill battle.

But, that doesn’t stop American businesses from creating and enforcing their own rules in the workplace against LGBT discrimination.

Latest study indicates rampant transgender discrimination at work

November 5, 2015 | by Eric B. Meyer

On Tuesday, voters in Houston, TX took to the polls and said no to Prop 1. That’s a ballot measure that would have outlawed discrimination at work against lesbian, gay, bisexual and transgender employees and job applicants. Amanda Terkel at The Huffington Post reports here that, despite having widespread support from local and national politicians and businesses, the measure failed, in large part, because of the “bathroom” issue. That is, many voters did not want transgender women using the women’s restroom (and vice-versa).

Meanwhile, on Tuesday in our Nation’s Capital, the District of Columbia Office of Human Rights issued a “groundbreaking report” revealing a high rate of discrimination against transgender job applicants.

Coming soon: A new, comprehensive LGBT anti-discrimination bill in Congress

July 22, 2015 | by Eric B. Meyer

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 Blade (here). Continue reading

From Caitlyn Jenner to new OSHA guidance on restroom access for transgender workers

June 3, 2015 | by Eric B. Meyer

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 Hunks,” the one you all read for the articles.

(Actually, I will be on Knowledge@Wharton’s daily show on SiriusXM channel 111 – Business Radio Powered by The Wharton School today from 10-12 EDT, as a follow-up to yesterday’s post, discussing Monday’s Supreme Court decision in EEOC v. Abercrombie & Fitch Stores, Inc.)

Now, before my ego explodes like a baseball off of Giancarlo Stanton’s bat, let’s revisit the issue of transgender employees and restroom access. Continue reading

Federal court permits discrimination against transgender employee

December 1, 2014 | by Eric B. Meyer

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 lawsuits on behalf of transgender employees who claim to have been discriminated against.

But, Courts have not uniformly accepted the EEOC’s position. Indeed, the state of the law here is very much unsettled.

Just before Thanksgiving, a Texas federal court considered whether an employer can discriminate under Title VII based purely on gender identity…and get away with it.

More after the jump…

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Check out the EEOC’s playbook for combatting LGBT discrimination

November 6, 2014 | by Eric B. Meyer

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 employers and employees.

I’ve got that for you after the jump…

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