Articles Posted in Discrimination and Unlawful Harassment

| by
PhotoFunia-1536838536

Image Credit: Photofunia.com (http://photofunia.com/results/5b9a4b7e46867953)

In most federal courts in this country, a plaintiff arguing a Title VII violation because he or she was discriminated against based on his/her LGBT status will lose.

That’s a fact.

That’s because Title VII prohibits discrimination based on one’s “sex.” And, most courts don’t construe “sex” to include “sexual orientation” or “gender identity.” But that’s not to say that LGBT discrimination cases generally lack merit. Continue reading

| by

Logo nike principal

By Timidonfire [Public domain], from Wikimedia Commons

Recently, Nike unveiled a new ‘Just Do It’ advertising campaign centered around former National Football Leauge quarterback Colin Kaepernick. Here is the first commercial that aired.

Controversy. Continue reading

| by
PhotoFunia-1536196772

Image Credit: Photofunia.com (http://photofunia.com/results/5b90809e846d78530d8b45d5)

The Americans with Disabilities Act prohibits an employer from discriminating against a qualified individual with a disability. What is a “qualified individual”? It’s someone who can perform the essential functions of the job with or without a reasonable accommodation? Ok, what’s an “essential job function”?

Or better yet, can nonessential functions of a particular job later become essential ones?

That’s what we’re going to explore today. Continue reading

| by

Dutch rating 16

By Nederlands Instituut voor de Classificatie voor Audiovisueel Materiaal (NICAM) (http://www.kijkwijzer.nl/upload/download_pc/7.pdf) [Public domain], via Wikimedia Commons

By the time you read this, I should be blissfully cruising in the Atlantic outside the range of any cell towers. However, between now (Saturday afternoon) and Monday, I am feverishly punching out 5 blog posts to hold you over until after Labor Day.

Will I sacrifice quality for quantity? Since you’re not paying me anything to blog, you bet I will. Hopefully, you won’t see it that way. But, if feel otherwise, go jump in a lake I’m sorry. Continue reading

| by
I-95.svg

Public Domain, Link

It’s right there in the statute.

Under New Jersey and Delaware state law, you can’t discriminate against an employee based on his or her sexual orientation or gender identity.

Now, you won’t find the words “sexual orientation” or “gender identity” anywhere in the Pennsylvania Human Relations Act. But, starting this month, the Pennsylvania Human Relations Commission is treating both “sexual orientation” and “gender identity” as protected classes.

“Speak, English, Eric!”

LGBT discrimination is against the law in all three states in the tri-state area — at least according to the state agencies that administer each law. Continue reading

| by

Asia Argento Cannes 2013 2

Georges Biard [CC BY-SA 3.0 ], from Wikimedia Commons

Over the weekend, there were several reports (including this one from Kim Severson at the New York Times) that Asia Argento paid out a large settlement to a man who accused Ms. Argento of sexually assaulting him in a hotel room when he was 17 years old.

Asia Argento is one of the women who had accused Harvey Weinstein of sexual assault. She is also a leading advocate for the #MeToo movement. Continue reading

| by
110402-F-5068D-001-1024x683

Photo by: | VIRIN: 110402-F-5068D-001.JPG (http://www.514amw.afrc.af.mil/News/Articles/Article/194292/random-drug-test-rates-rise-dramatically/)

By any reasonable, objective measure, New Jersey was having a pretty good employee-rights run in 2018 — even by NJ standards. Continue reading

“Doing What’s Right – Not Just What’s Legal”
Contact Information

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2026, Eric B. Meyer
| All Rights Reserved Worldwide.
JUSTIA Law Firm Blog Design