Image Credit: Pxfuel (Having Doubts – Drawing of a Man on Blackboard – Illustration)
The short answer is no.
The longer answer is no effing way because that’s sex (gender identity) discrimination. And if that’s actually your rationale for not hiring someone, don’t double down on the stupid by admitting it to the applicant. Continue reading
Henning Schlottmann (User:H-stt), CC BY-SA 4.0, via Wikimedia Commons
Over at the FisherBroyles Employment Law Blog, my partner, Amy Epstein Gluck, wrote here about a recent federal court finding that a Catholic school could not avoid discrimination claims after firing a gay teacher from a secular position.
Serendipitously, I just read a story about a lesbian seeking to become a women’s lacrosse coach at a Catholic high school. The school initially withdrew the offer. But, this story has a happy ending. Continue reading
Image Credit: pxfuel.com
I’ve provided advice to plenty of employers on transgender employees using restrooms. For most companies, it’s not an issue. Employees can use the restroom corresponding to their gender identity. But, sometimes I get pushback. Continue reading
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.
Image by Adam Radosavljevic from Pixabay
When it comes to politics, there is not much on which the two sides of the aisle see eye to eye. I’ll admit it, several of my blog posts about new bills in Congress may grab your attention. However, they have little chance at becoming law. In the blogging business nerd writing, we call that attention seeking “clickbait.”
Today’s post is not clickbait. Continue reading
Danachos, CC BY-SA 4.0, via Wikimedia Commons
Thank you for all of the positive feedback and comments both via email and here on LinkedIn following yesterday’s transgender pronoun post. Many of the requests were for additional resources to promote a trans-inclusive workplace. Continue reading
Amousey, CC0, via Wikimedia Commons
Most employees are at-will; they can be fired for any reason or no reason at all. And intentionally misgendering a co-worker would be enough.
But, what if the employee objects on religious grounds? 🤔 Continue reading
Groupe Canam. Services fournis:Conception-ingénierie Dessins par InteliBuild FabricationUsines de fabrication: Saint-Gédéon-de-Beauce, QCQuébec, QC, CC BY-SA 3.0, via Wikimedia Commons
I hate the New York Yankees. So, it is with deep-seated loathing that today’s blog post not only features the Evil Empire but casts the organization in a positive light.
Whatever. They’re still in fourth place in the AL East. Continue reading
Marielam1, CC BY-SA 4.0, via Wikimedia Commons
Last year, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has discriminated based on sex in violation of Title VII of the Civil Rights Act of 1964. Yesterday, the Supreme Court declined to address the Fourth Circuit’s decision in G.G. v. Gloucester County School Board, where the appellate court ruled that under Title IX of the Education Amendments Act of 1972, transgender students may use the bathroom that corresponds to their gender identity. Otherwise, the school is discriminating based on sex.
While Bostock has nothing to do with bathrooms and G.G. has nothing to do with the workplace, I think you can see where I’m going here.
Image by Oberholster Venita from Pixabay
Today we’re going back to the basics and learning how a plaintiff must prove a sex discrimination claim based on circumstantial (i.e., the defendant doesn’t concede, “I fired you because you’re a woman.”) Continue reading
The Employer Handbook Blog