The Employer Handbook Blog
I mean, sure. It’s a free country. This isn’t Communist Russia.
But if your company is concerned about a subsequent retaliation claim, read on.
Articles Posted in Gender
Does Title VII only cover ultimate employment decisions? Another federal appellate court doesn’t think so.
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
EEOC: HR Manager used code words and other directives to staffing agencies to discriminate.
A few weeks ago, I blogged here about how a federal appellate court concluded that firing someone who isn’t a ‘good fit’ isn’t necessarily a coded phrase for discrimination. Still, I generally recommend to clients that they be more direct when terminating someone’s employment by explaining the legitimate business reason(s) for the decision.
Similar issues may arise when companies make hiring decisions. Code words used to describe protected classes that reflect a company’s hiring preferences generally aren’t hard to crack. And then they become costly. Continue reading
Being denied coverage to use the bathroom (and a bunch of other stuff that isn’t discrimination)
When employees allege discrimination, they must prove an employer’s discriminatory motive and connect it to a particular adverse employment decision. An adverse action requires evidence of a significant change in employment status, benefits, or pay. Usually, the proof comes in the form of failure to hire, a firing, failure to promote, reassignment with significantly different responsibilities, or lost pay or benefits.
But, from a federal court decision I read last night, I’ve got a list of eight items that are not adverse enough on which to base a disparate treatment claim. Continue reading
How does an employee go from “promotable” to “expandable” to plaintiff claiming gender bias?
Litigators often counsel witnesses to answer, “I don’t recall,” rather than guess or speculate the response to a question at a deposition. But, sometimes, that approach can backfire. Continue reading
Not all discrimination lawsuits against airlines are worth $5M.
This one (unlike that one) wasn’t even worth five cents. Continue reading
‘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? Continue reading
Yes, a man can have an (un)equal pay claim too. So how can a company defend itself?
The Equal Pay Act (EPA) prohibits employers from discriminating against an employee based on sex by paying lower wages than are paid to employees of the opposite sex for performing equal work. We usually see women assert EPA claims.
But men can have them too. Continue reading
The Women’s National Team settled its equal pay claims with U.S. Soccer for $24M.
About six years ago, five players on the U.S. Women’s National Soccer Team (USWNT) filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against the U.S. Soccer Federation (USSF). The women claimed that they were paid up to four times less than their male counterparts for doing basically the same job. Continue reading
500,000 dollars, err, reasons not to stereotype women in traditionally male-dominated industries
Image Credit: pxfuel.com
When many people think of a “motorcycle enthusiast,” they imagine someone in sunglasses, a leather vest, jeans, boots, and lots of facial hair. And while that describes my Aunt Helen, most folks picture someone like the guy in the photo.
By the way, I don’t have an Aunt Helen. If I did, she’d likely consider me a great disappointment to the Meyer name as I don’t ride a motorcycle — unless the sidecar somehow counts.