That’s effectively the argument the plaintiff, an openly gay man, made in this case.
Articles Posted in Sex
Is calling a man “bald” considered harassment based on sex?
Yesterday, I read many headlines, like this one in The Guardian: “Calling a man ‘bald’ is sex-related harassment, employment tribunal rules.”
Is it, though? Let’s take a closer look. Continue reading
When do N-words and sex jokes NOT create a hostile work environment?
Hopefully, this question doesn’t have you clutching your pearls. Continue reading
Yes, a man can have an (un)equal pay claim too. So how can a company defend itself?
The Equal Pay Act (EPA) prohibits employers from discriminating against an employee based on sex by paying lower wages than are paid to employees of the opposite sex for performing equal work. We usually see women assert EPA claims.
But men can have them too. Continue reading
While the EEOC facilitates bias claims for non-binary employees, here are seven ways to support them at work.
The nation’s anti-discrimination enforcer is promoting greater equity and inclusion for members of the LGBTQI+ community. Soon, non-binary individuals can select a nonbinary “X” gender marker during the voluntary self-identification questions that are part of the intake process for filing a charge of discrimination. Continue reading
Everything “employment law” mentioned in last night’s State of the Union Address
In case you missed President Biden’s State of the Union Address last night, I’ve got you covered with everything HR compliance that came up. Continue reading
The Women’s National Team settled its equal pay claims with U.S. Soccer for $24M.
About six years ago, five players on the U.S. Women’s National Soccer Team (USWNT) filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against the U.S. Soccer Federation (USSF). The women claimed that they were paid up to four times less than their male counterparts for doing basically the same job. Continue reading
Can you refuse to a hire a transgender applicant because he won’t mix well with the customers?

Image Credit: Pxfuel (Having Doubts – Drawing of a Man on Blackboard – Illustration)
The short answer is no.
The longer answer is no effing way because that’s sex (gender identity) discrimination. And if that’s actually your rationale for not hiring someone, don’t double down on the stupid by admitting it to the applicant. Continue reading
Lesbian coach is reinstated after outpouring of support from students, parents, and alums

Henning Schlottmann (User:H-stt), CC BY-SA 4.0, via Wikimedia Commons
Over at the FisherBroyles Employment Law Blog, my partner, Amy Epstein Gluck, wrote here about a recent federal court finding that a Catholic school could not avoid discrimination claims after firing a gay teacher from a secular position.
Serendipitously, I just read a story about a lesbian seeking to become a women’s lacrosse coach at a Catholic high school. The school initially withdrew the offer. But, this story has a happy ending. Continue reading