Articles Posted in Sex

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On most days, I blog for you, my readers, to educate you on new legal issues and to keep you ahead of the HR-compliance curve.

This is not most days.

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LGBT Equality Flag Outside the Supreme Court (Unsplash)

By Matt Popovich uh (https://unsplash.com/photos/UVe-5ZyDdAE) [CC0], via Wikimedia Commons

Shout out to Chris Opfer at Bloomberg Law.

Chris reported yesterday that the U. S. Department of Justice filed this brief with the United States Supreme Court in this case, in which it argues that Title VII of the Civil Rights Act of 1964, the federal employment discrimination law, does not cover discrimination against an individual because of the individual’s gender identity.

Is this a big deal? Yes.  Is it a surprise that the DOJ has taken this position? Heck no. Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/en/metoo-women-harassment-sexual-2859980/)

On October 15, 2017, actress Alyssa Milano urged socal media user to share their stories of sexual harassment using the hashtag #MeToo.

Maybe you’ve heard of it.

Of course, you have. As have the millions of others who have used the hashtag since.

This post goes inside numbers to detail the proliferation of the #MeToo movement social media.
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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

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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

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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

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

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