Sex Category Archives — Page 2 of 17 — The Employer Handbook Blog Published by Philadelphia, Pennsylvania Employment Lawyer

The House approved the Paycheck Fairness Act. Now, it will probably die in the Senate. 💀💀💀

April 19, 2021 | by Eric B. Meyer

Senate Democrats, CC BY 2.0, via Wikimedia Commons

“Equal Pay for Equal Work” has been the rallying cry in support of the Paycheck Fairness Act (PFA), which the House passed last week by a 217-210 vote.

According to the U.S. Bureau of Labor Statistics, in 2020, women earned 82 cents for every dollar men received. So, on paper, paying men and women the same wages for the same work — “paycheck fairness” — sounds, err, fair.

So, why has the PFA never reached the President’s desk in any of the past dozen attempts going back to 1997 that it’s been introduced in Congress? Let’s find out. Continue reading

PRO-TIP: Men who smack women at work probably shouldn’t then sue for discrimination.

April 16, 2021 | by Eric B. Meyer

Daniel Barcelona, CC BY 3.0 <https://creativecommons.org/licenses/by/3.0>, via Wikimedia Commons

Did I ever tell you guys about the wacky race discrimination case I defended involving a male fast-food franchise employee caught on video smacking a female co-worker? Continue reading

Oh, check it out! The Equality Act is back. But, will it get to the President this time? 🏳️‍🌈

February 24, 2021 | by Eric B. Meyer

Image Credit: Pixabay.com

In 2019, the House of Representatives made history when it passed the Equality Act, a comprehensive LGBT rights bill. Continue reading

Eight ways that President Biden changed employment law on Day One. That was fast!!!

January 21, 2021 | by Eric B. Meyer

On Monday, I blogged about President Biden’s first HR-compliance wish list, which focused on COVID-19 mitigation efforts.

On Wednesday, President Biden was sworn in. And, folks, he wasted no time making moves that will impact labor and employment law. Continue reading

Can your business dodge an EEOC discrimination claim by closing and opening under a new name?

December 8, 2020 | by Eric B. Meyer

Image by GraphicMama-team from Pixabay

If you got to this page via Google, please don’t call or email me. 😉
Continue reading

For how much did one of the most important employment cases of 2020 just settle?

December 4, 2020 | by Eric B. Meyer

Image by Mike Braun from Pixabay

On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate based on sex, also prohibits discrimination based on sexual orientation and transgender status. It was a landmark opinion.

One of the actions consolidated into the Bostock action was EEOC v. R.G. & G.R. Harris Funeral Homes. The EEOC argued specifically that Title VII prohibits discrimination based on transgender status. On November 30, 2020, it settled.

And I’ve got all the details for you. Continue reading

The five quotes that define and transcend yesterday’s landmark Supreme Court LGBT rights ruling

June 16, 2020 | by Eric B. Meyer

sharon-mccutcheon-516755-unsplash-1024x673

Photo by Sharon McCutcheon on Unsplash

As you’ve no doubt heard by now, yesterday, the Supreme Court ruled 6-3 that an employer who fires an individual merely for being gay or transgender has violated Title VII of the Civil Rights Act of 1964. Title VII is the federal workplace law that forbids discrimination based on sex.

In HUGE non-coronavirus news, U.S. Women’s Soccer lost its Equal Pay Act claim

May 4, 2020 | by Eric B. Meyer

d Image by OpenClipart-Vectors from Pixabay

Back in March of last year, the U.S. Women’s National Soccer Team (WNT) sued the United States Soccer Federation in federal court in California. The WNT asserted two claims, one of which was that the Federation violated the Equal Pay Act (EPA) by paying them less than it did the U.S. Men’s National Soccer Team (MNT).

On Friday, a federal judge dismissed the EPA claim, concluding that the Federation did not pay the WNT less than the MNT because of their gender.

Indeed, the WNT was paid more than the MNT! Continue reading

The “harassing, stalking, disturbing, and menacing” plaintiff lost her discrimination case. Go figure.

January 21, 2020 | by Eric B. Meyer

Image by StockSnap from Pixabay

It’s bad enough when a federal judge refers to a plaintiff-employee’s behavior towards her manager as “harassing, stalking, disturbing, and menacing.” And, I apologize that I didn’t have enough room in the title of this blog post to mention the plaintiff’s profanity and fighting at work, or her arrests for drunk driving and drug possession.

So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. But, the plaintiff who referred to herself at work as “crazy” and “psycho” decided to appeal to the Tenth Circuit Court of Appeals.

And how do you think that went for the plaintiff? Continue reading