Articles Posted in Gender

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Recently, the U.S. Equal Employment Opportunity Commission has garnered headlines (and blog posts) over a shift in enforcement priorities to issues such as “anti-American” bias in hiring and defending women’s rights to single-sex spaces, such as bathrooms and locker rooms, in the workplace. To say these were previously on the backburner would be an understatement, unless the stove had ten or so rows of burners.

But, don’t get it twisted. Continue reading

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On Saturday, the Associated Press reported that the Equal Employment Opportunity Commission (EEOC) moved to drop several lawsuits related to gender identity discrimination. Let’s examine what caused this change in direction and the implications for employers. Continue reading

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On Wednesday, the Attorney General issued a memo titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” a move poised to send ripples through the private and educational sectors. Aligned with President Trump’s Executive Order on January 21, 2025, this directive targets diversity, equity, inclusion (DEI), and diversity, equity, inclusion, and accessibility (DEIA) practices that discriminate based on race or sex. Employers must act now to ensure compliance and avoid potential legal challenges. Continue reading

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Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees and applicants based on sex. In 2020, the Supreme Court interpreted Title VII’s ban on sex discrimination to include employer bias based on sexual orientation.

But, did you know that in about half the country, a heterosexual employee who believes that their employer discriminated against them based on their sexual orientation must also establish “background circumstances” on top of Title VII’s other requirements to establish that their employer is the “unusual” one who discriminates against the majority to sustain a claim?

What exactly are “background circumstances”? Continue reading

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In 2013, a healthcare provider hired a white man—let’s call him plaintiff—as its Senior Vice President of Marketing and Communications. And he crushed it, receiving strong performance reviews and gaining national recognition for himself and the marketing program he developed.

And then, seemingly out of nowhere, he was fired. Continue reading

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