Sex Category Archives — Page 15 of 27 — The Employer Handbook Blog Published by Philadelphia, Pennsylvania Employment Lawyer

There’s a false rumor going around that a female employee slept her way to the top. Can she sue for sexual harassment?

February 12, 2019 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/yada-yada-board-insignificance-1432923/)

Let’s imagine that one of your female co-workers gets promoted. Shortly afterward, some of your male co-workers spread false rumors about how their recently-promoted colleague must have slept her way to the top.

Do you think that: (a) these rumors are gender-based, or (b) based upon false allegations of conduct?

The former could be the lynchpin to a viable sex-based hostile work environment claim. If it’s the latter, i.e., the rumors could have just as quickly been spread about a man, then the hostile work environment claim gets dismissed. Continue reading

Lower court reminds us that LGBT rights remain limited in the Third Circuit, well, except…

February 7, 2019 | by Eric B. Meyer

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

Litigating against LGBT rights may win one case, but still be bad for business overall.

January 10, 2019 | by Eric B. Meyer

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

Justice Kavanaugh’s first SCOTUS opinion may speak volumes on how he’ll decide the next big employment case

January 9, 2019 | by Eric B. Meyer

U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia Commons

Yesterday, Supreme Court Justice Brett Kavanaugh delivered the opinion for a unanimous Supreme Court in a case called Henry Schein, Inc. v. Archer & White Sales, Inc. Although the Court’s decision has nothing to do with employment law — it’s a case about antitrust issues and arbitration — there’s a little something from Justice Kavanaugh’s that may be more than a little something.

At least as it relates to a big employment case that could be coming down Supreme Court Boulevard in 2019. Continue reading

The woman who worked for a sex-toy store has … wait for it … a sex-plus claim.

November 30, 2018 | by Eric B. Meyer

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 ends forced arbitration of sexual harassment claims. Should you? Then what?

November 12, 2018 | by Eric B. Meyer

Google Inc. [Public domain], via Wikimedia Commons

The last month for Google has been big for tech and employment law nerds alike. And I just happen to check both boxes.

The DOJ says that Title VII does not protect transgender employees, and this should not surprise you.

October 25, 2018 | by Eric B. Meyer

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

Three wins for readers of The Employer Handbook

October 23, 2018 | by Eric B. Meyer

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

#MeToo went viral. But, how big has it really been on social media?!? I’ve got the numbers…

October 15, 2018 | by Eric B. Meyer

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

It’s not a good look when the EEOC accuses your company of “an ugly mix of sexism, racism, and xenophobia”

September 20, 2018 | by Eric B. Meyer

By Missatikamekw [CC BY-SA 4.0 ], from Wikimedia Commons

I wouldn’t quite know how to describe the feeling if that were the moniker placed on my business. So, I’ll just go with the opposite of this. Continue reading