Articles Posted in Gender

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The words “cisgender” or “non-transgender” employee appear nowhere in Title VII of the Civil Rights Act of 1964, the federal workplace law that outlaws gender discrimination. But, according to a Pennsylvania federal judge, “that does not preclude the possibility that discrimination against both a cisgender male and cisgender female may be independent Title VII violations.”

I’ll explain why. Continue reading

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In 2022, Florida passed The Individual Freedom Act. But most people know this law as the “Stop W.O.K.E. Act,” which stands for “Stop the Wrongs to our Kids and Employees.”

Whatever we call it, the Act says employers cannot subject “any individual, as a condition of employment,” to “training, instruction, or any other required activity that espouses, promotes, advances, inculcates, or compels” a certain set of beliefs. The list of banned subjects generally relates to “woke” teachings on race, color, sex, or national origin. Florida employers can host these trainings but cannot require employees to attend them.

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A federal law called the Equal Pay Act requires that men and women in the same workplace receive equal pay for equal work. The jobs need not be identical, but they must be substantially equal.

While women often seek relief under this statute, a state government agency learned the hard way that “equal pay for equal work” applies to underpaid men, too. Continue reading

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If only a federal appellate court had reacted that way when a female plaintiff claimed an equal pay violation because she and other females were paid less than the “local industry standard.” But, the Fourth Circuit Court of Appeals wasn’t buying the ‘back-of-the-envelope math’ the plaintiff was selling.

Allow me to explain. Continue reading

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Last night, I read about a black female educator and school administrator who claimed that her employer agreed to pay for her to attend a training session but later reneged, instead offering to pay for her to attend in two years. So, she paid for it herself.

And then she sued her employer. Continue reading

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Last year, the U.S. Equal Employment Opportunity Commission sued a long-term care facility claiming that certain White patients/residents repeatedly directed offensive racial slurs at black nurses and nurse assistants, including “n—-r,” “coon,” “monkey,” and “Black b—–s.” One patient repeatedly told Black employees to “go back to Africa,” followed Black employees throughout the facility to racially berate them, and physically assaulted Black employees because of their race.

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Imagine a business that gives its employees two days off each week. There’s nothing abnormal about that.

However, the company uses a sex-based policy to determine which two days an employee can pick. Only men can select full weekends off—women cannot. Instead, female employees can pick either two weekdays off or one weekend day plus one weekday; they never get an entire weekend off.

Is that discriminatory? Yes, But does this system violate Title VII of the Civil Rights Act of 1964, which makes it unlawful to discriminate at work based on sex? Continue reading

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