Articles Posted in Sex

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There is a sure-fire way to avoid the uncertainty of when and how the Supreme Court may — legal jargon in 3…2…1… — adjudicate LGBT rights under Title VII of the Civil Rights Act of 1964.

And that’s to pass a law making LGBT discrimination at work unlawful.

Speaking of which… Continue reading

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Friday was International Women’s Day. It was also the day that 28 members of the United States women’s soccer team filed this lawsuit against the U.S. Soccer Federation (USSF) in federal court alleging violations of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. Why? Because the women get paid less than U.S. Men’s National Soccer Team.

But, can the plaintiffs prevail? Continue reading

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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

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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

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

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