The Employer Handbook

Articles Posted in Sex

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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

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Georges Biard [CC BY-SA 3.0 ], from Wikimedia Commons

Over the weekend, there were several reports (including this one from Kim Severson at the New York Times) that Asia Argento paid out a large settlement to a man who accused Ms. Argento of sexually assaulting him in a hotel room when he was 17 years old.

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

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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

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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

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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

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By Eoghanacht [Public domain], from Wikimedia Commons

Here’s a little taste of Hon. Robin S. Rosenbaum giving her colleagues from the Eleventh Circuit Court of Appeals a piece of her mind:

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.

Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/en/hat-cowboy-felt-cowboy-hat-western-1217914/)

After a two year hiatus, the EEOC reconvened its Select Task Force on Harassment yesterday to hear from an array of scholars, attorneys, other stakeholders about ways to promote a harassment-free workplace. Continue reading

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By Darwinek [CC BY-SA 3.0 or GFDL], via Wikimedia Commons

In late March, I blogged here about how it was only a matter of time before the State of New Jersey would require local employers to provide men and women the same pay and benefits for performing substantially similar work.

Well, mark your calendars for July 1, 2018.

That’s when the Diane B. Allen Equal Pay Act will take effect, after Governor Phil Murphy signed it into law on April 24. Continue reading

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Image credit: PublicDomainPictures.net (https://www.publicdomainpictures.net/en/view-image.php?image=139332&picture=stick-family)

 

It’s one thing to terminate an employee for complaining that she is being sexually harassed at work. But, when you (allegedly) fire her son and fiancé too without justification, that’s stone cold!

Not that Stone Cold.

But, according to the EEOC, it’s pretty darn bad. Bah Gawd! Continue reading

“Doing What’s Right – Not Just What’s Legal”