Gender

EEOC: HR Manager used code words and other directives to staffing agencies to discriminate.

May 10, 2023 | by Eric B. Meyer

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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)

March 22, 2023 | by Eric B. Meyer

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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?

January 4, 2023 | by Eric B. Meyer

noun-three-speed-arrows-right-1979676 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.

October 11, 2022 | by Eric B. Meyer

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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.

September 22, 2022 | by Eric B. Meyer

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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?

April 15, 2022 | by Eric B. Meyer

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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.

February 23, 2022 | by Eric B. Meyer

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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

August 5, 2021 | by Eric B. Meyer

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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.