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

One roughneck’s life: sex jokes, gay innuendo, all legal.

June 28, 2012 | by Eric B. Meyer

When Harold Wasek signed on to work at an oil rig in Pennsylvania, he had no idea what lay in store for him, especially when one of his co-workers discovered that Wasek would get easily riled with sexually explicit stories, jokes, fantasies, and names.

“You’ve got such a pretty mouth.”

“Boy you have pretty lips.”

“You know you like it, sweetheart.”

Wasek complained to his supervisor. But the harassment worsened. He was touched in a sexual manner: grabbing his buttocks, poking him in the rear with a hammer handle and something described as a long sucker rod.

So Wasek sued claiming sex discrimination. And he lost. Why? Because his harasser was a straight man.

Seriously.

I’ll explain after the jump…

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5 takeaways from the EEOC’s new guidance on use of criminal records

April 26, 2012 | by Eric B. Meyer

Yesterday, the US Equal Employment Opportunity Commission issued updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. (Title VII is the federal statute that prohibits discrimination in the workplace based on race, color, religion, sex and national origin). You can read a full press release on the updated Enforcement Guidance here.

The press release includes a link to questions and answers about the EEOC’s Enforcement Guidance. However, I will summarize the most important points for employers after the jump…

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Final score: Pregnant bartender 45,000 – Wild Beaver Saloon 0

August 19, 2011 | by Eric B. Meyer

I can pinpoint the exact moment that this blog transcended to the next level of internet excellence.

It was back in late March, when I blogged here about a female bartender/server who had sued her employer, the Wild Beaver Saloon, for pregnancy discrimination. The retweets that day were off the heezy fo sheezy, yo. (The hyperlink is a courtesy to my NPR listeners).

***Wait. Hold on one sec. I have to take this call from “1993”. They say they want their dated hip-hop lingo back. OK, I’m back.***

When I first wrote about the Wild Beaver Saloon, the question was whether a business could make an employment decision based on the preferences of co-workers, the employer, clients or customers. I concluded, in this instance, that the Beave could not get away with it.

Well, the case ended last week. So was I right? Click past the jump to find out if I know my stuff…

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Woman fired for fighting at a cheese plant wins bias claim

April 25, 2011 | by Eric B. Meyer

I can’t make this stuff up if I tried.

The Associated Press reports that the Pennsylvania Human Relations Commissions has ordered a local employer to pay $38,700 in back pay and interest to a female employee it fired for fighting at a cheese-making plant. According to the report, Rosalind Brown prevailed on her gender discrimination claim because she apparently received harsher discipline than male employees who had engaged in more egregious behavior:

The commission agreed with Rosalind Brown who claims it was unfair for her to be fired when two men who fought at the Dairy Farmers of America Inc. plant in West Middlesex received only 3-day suspensions. 1 of the men was injured when the other threw a 20-pound block of cheese.

Booze, wild beaver, and a pregnant bartender. What!

March 25, 2011 | by Eric B. Meyer

Congratulations!

Because you are reading this post, you somehow made it past your company’s internet firewall. That, or you’re a horny perv, Googling some effed-up search terms. But I’m a lawyer; I don’t judge.

Either way, continue reading.

After the jump, it’s the female bartender/server who is now suing her employer, the Wild Beaver Saloon, *** borderline-NSFW link *** because she claims they fired her for getting pregnant!

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New Jersey applies Lilly Ledbetter Act to LAD case

November 25, 2010 | by Eric B. Meyer

The New Jersey Supreme Court in

How do PA, NJ, and DE address discrimination based on sexual orientation?

October 3, 2010 | by Eric B. Meyer

Recently, I read an article by Bob Egelko in
the San Francisco Chronicle about a speech from U.S.
Supreme Court Justice Antonin Scalia in which he told law
students from U.C. Hastings that the 14th Amendment to the U.S.
Constitution, which guarantees equal protection to all U.S.
citizens, do not preclude discrimination based on sex. Justice Scalia
believes that the drafters of the Constitution did not have sex
discrimination on the brain when they passed the 14th Amendment.