Articles Posted in Sex

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Phillips 66 logo.svg

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

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Judge Brett Michael Kavanaugh

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

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pot-of-gold

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.

Continue reading

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LGBT Equality Flag Outside the Supreme Court (Unsplash)

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

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metoo-2859980_640

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

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PhotoFunia-1536838536

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

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Dutch rating 16

By Nederlands Instituut voor de Classificatie voor Audiovisueel Materiaal (NICAM) (http://www.kijkwijzer.nl/upload/download_pc/7.pdf) [Public domain], via Wikimedia Commons

By the time you read this, I should be blissfully cruising in the Atlantic outside the range of any cell towers. However, between now (Saturday afternoon) and Monday, I am feverishly punching out 5 blog posts to hold you over until after Labor Day.

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

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