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The Employer Handbook BlogIt’s not a good look when the EEOC accuses your company of “an ugly mix of sexism, racism, and xenophobia”
By Missatikamekw [CC BY-SA 4.0 ], from Wikimedia Commons
Articles Posted in Sex
I’m just reminding you that turning away a transgender employee based on stereotypes is unlawful
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
16 states have asked the Supreme Court to limit LGBT rights at work. Which 16, you ask?
By Nederlands Instituut voor de Classificatie voor Audiovisueel Materiaal (NICAM) (http://www.kijkwijzer.nl/upload/download_pc/7.pdf) [Public domain], via Wikimedia Commons
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
Every state in the Third Circuit now recognizes LGBT rights at work. Third Circuit not so much for now.
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
What happens when a sexual assault victim is later accused of sexual assault? #MeToo
Georges Biard [CC BY-SA 3.0 ], from Wikimedia Commons
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
EEOC: Major U.S. airline ignored sexual harassment that ultimately ended in an FBI arrest and conviction
By Joe Ravi, CC BY-SA 3.0, Link
Surely, you remember the days (weeks) of horrible headlines that dogged United Airlines after the incident in which passengers filmed security dragging down the aisle a bloodied passenger who refused to give up his seat to an airline employee.
Well, United may soon be back above the fold again. And it’s for all the wrong reasons. Continue reading
“Eric, if we sexually harass female AND male employees, that cancels itself out, and we’re good, right?”
Screenshot from YouTube.com
No. Continue reading
Uncertainty in a major transgender-bias SCOTUS case, and an EEOC Commissioner speaks her mind on LGBT rights and religious liberty.
Image Credit: Pexels.com (https://www.pexels.com/photo/alone-bed-bedroom-blur-271897/)
Usually, after my kids go to bed is when I write my blog posts for the following day. Last night that didn’t happen. Instead, while putting my two boys to bed, I fell asleep on the spare bed in their room. #Parenting
So, I apologize for the tardy post today. Continue reading
RIP Ann Hopkins
By U.S. Equal Employment Opportunity Commission – http://www.eeoc.gov/eeoc/history/40th/panel/hopkins.html, Public Domain, Link
Yesterday’s blog post highlighted the blistering dissent of Eleventh Circuit judge Hon. Robin S. Rosenbaum, as she criticized her colleagues for passing on the opportunity to reconsider whether Title VII of the Civil Rights Act of 1964 protected employees from discrimination based on sexual orientation. In Judge Rosenbaum’s opinion, Title VII does afford those protections based on the U.S. Supreme Court’s ruling in Price Waterhouse v. Hopkins. In that case, the Court concluded that sex stereotyping violates Title VII. (It follows that Title VII precludes discrimination based on sexual orientation because of the failure to conform to the gender-based stereotype of loving someone of the opposite sex. Continue reading
A federal appellate court judge is 😤steamed😤 that her colleagues won’t address gay rights at work
By Eoghanacht [Public domain], from Wikimedia Commons
The issue this case raises—whether Title VII protects gay and lesbian individuals from discrimination because their sexual preferences do not conform to their employers’ views of whom individuals of their respective genders should love—is indisputably en-banc-worthy…. I cannot explain why a majority of our Court is content to rely on the precedential equivalent of an Edsel with a missing engine, when it comes to an issue that affects so many people.