Image Credit: https://pixabay.com/en/pride-gay-nyc-new-york-city-flag-2444813/
A few weeks ago, a Pennsylvania federal judge reluctantly ruled in this case that discrimination based on sexual orientation is not unlawful (or you, could say, permissible) under Title VII of the Civil Rights Act of 1964. Continue reading
By Phillips 66 Company – http://hrcpdocctr.phillips66.com/HR_P66_Comm/Benefits/BenefitHighlights.pdf, Public Domain, Link
Among Fortune 500 companies, 91% prohibit discrimination on the basis of sexual orientation, and 83% prohibit discrimination based on gender identity. [Source] But, under federal law, circuit courts remain split as to whether Title VII of the Civil Rights Act of 1964 forbids discrimination based on LGBT status.
So, let’s say you’re a Fortune 500 company accused of LGBT discrimination in a jurisdiction in which the law may permit that type of abhorrent behavior.
Do you defend by arguing that the law permits LGBT discrimination? Continue reading
U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia Commons
At least as it relates to a big employment case that could be coming down Supreme Court Boulevard in 2019. Continue reading
Image Credit: http://www.freestockphotos.biz/stockphoto/14050 (nicubunu acquired from OCAL (Website))
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.
Google Inc. [Public domain], via Wikimedia Commons
.jpg)
By Matt Popovich uh (https://unsplash.com/photos/UVe-5ZyDdAE) [CC0], via Wikimedia Commons
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
Image Credit: Flickr.com (https://www.flickr.com/photos/keithallison/27388069805) //embedr.flickr.com/assets/client-code.js
And it’s only Tuesday! Continue reading
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.
Continue reading
By Missatikamekw [CC BY-SA 4.0 ], from Wikimedia Commons
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
The Employer Handbook Blog