Sex Category Archives — Page 26 of 27 — The Employer Handbook Blog Published by Philadelphia, Pennsylvania Employment Lawyer

Iowa S. Ct.: Upon review, firing the attractive female was not sex discrimination

July 15, 2013 | by Eric B. Meyer

So, by now, all of you must be familiar with the case in Iowa — I’ve blogged the heck out of it here and here — where the male dentist fired the attractive female hygienist, ostensibly because his wife was concerned that the hygienist’s continued employment might affect their marriage and because the dentist was concerned that he may eventually shag her.

Late last year, the Iowa Supreme Court unanimously held (here) that there is no sex discrimination if a male employer terminates a long-time female employee because the employer’s wife, due to no fault of the employee, is concerned about the nature of the relationship between the employer and the employee.

Then, a few weeks ago, and after a lot of public scrutiny, the high court agreed to reconsider its unanimous ruling, which it did with this new opinion issued on Friday.

YYYOUCH! Employee fired for refusing Brazilian wax claims sex discrimination.

July 3, 2013 | by Eric B. Meyer

You know, maybe I should have gone with the porta-potty-harassment post that I originally had planned for today. Nah. My analytics tell me that my best-received posts have a common theme: crotch and Brazil. Besides, everyone knows that nothing says Friday like a porta-potty post. Just wait ’til Friday.

So today, after the jump, let’s wax poetic, shall we?

(Ouch, again).

* * *

When a hostile work environment isn’t a hostile work environment

June 24, 2013 | by Eric B. Meyer

Every so often, I get a call from an employee. The call goes something like this:

“I need an employment lawyer. Are you an employment lawyer?”

“Yes.”

Firing a woman for lactating at work is against the law

June 4, 2013 | by Eric B. Meyer

Allow me to be serious for a moment…

Moment’s passed, eh? Ok. Let me bring it back…

Last week, the Fifth Circuit Court of Appeals ruled (here) that discharging a female employee because she is lactating or expressing breast milk is sex discrimination and, therefore, violates Title VII of the Civil Rights Act of 1964 (Title VII).

Horniest boss ever? His employee still can’t prove sexual harassment.

May 13, 2013 | by Eric B. Meyer

I’ve been searching for gold recently. So, I knew I was on to something good when I started reading this opinion last week, and wasn’t sure whether what I was reading was a sexual harassment case or a porno script.

~~What can I say? I like the plots.~~

Folks, if you click through, I promise you a great read after the jump…

* * *

Irresistible attraction, three-ways, and more fun and games

April 26, 2013 | by Eric B. Meyer

Just another Friday here at the ole Handbook. Oh, get your head out of the gutter! This is a family blog.

(Y’all have families, right?)

For serious, today’s lede isn’t just gratuitous, there is an employment-law connection here.

Four ways to successfully defend an Equal Pay Act claim

April 15, 2013 | by Eric B. Meyer

This blog is nearly 2 1/2 years old and we have our first Equal Pay Act post. The Equal Pay Act requires equal pay for equal work on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. Any wage discrimination on the basis of sex violates the Act.

The EEOC celebrated “Equal Pay Day” last week. So, now is as good a time as any to address the Act through this recent case from the Third Circuit Court of Appeals.

In Puchakjian v. Township of Winslow, Deborah Puchakjian filled a Municipal Clerk vacancy within the Township of Winslow which came about a result of the retirement of the male incumbent. His salary at retirement was $85,515; Ms. Puchakijan’s salary to replace him was $55,000.

The importance of addressing sex stereotyping in the workplace

April 8, 2013 | by Eric B. Meyer

Many states and localities have laws forbidding discrimination on the basis of sexual orientation (LGBT).

But Title VII of the Civil Rights Act, one of the federal laws barring discrimination in the workplace, law does not prohibit it.

What Title VII does make unlawful, however, is stereotyping based on a person’s gender non-conforming behavior (i.e., a man who appears effeminate, or a “manly” woman). As a Virginia federal court (here) re-emphasized last week, sex stereotyping is central to all discrimination:

POLL RESULTS: Here’s what you said about the #Donglegate firing

March 28, 2013 | by Eric B. Meyer

For much of the week, I’ve blogged about Adria Richards, the employee who got fired for tweeting complaints about discrimination. On Monday, I offered my legal analysis (here).

On Tuesday, I followed that up with this simple poll that purported to remove the law from the equation: Was the decision of Ms. Richards’s employer, SendGrid, to fire her “fair” or “unfair”? “Fair” and “unfair” were the only two answers and they were randomized such that either one could have appeared as the top choice when taking the poll.

Now the results are in. 129 of you responded and 70 of you (54%) said that the firing was fair. 59 respondents indicated that the firing was unfair (46%).

POLL: Was the #Donglegate firing fair?

March 26, 2013 | by Eric B. Meyer

Whew!

Got a little carried away with yesterday’s post about the employee who got fired for tweeting complaints about discrimination, didn’t I?

Then again, I’m not the one who came up with the hashtag #donglegate.