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
Articles Posted in Sex
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
A court just EVISCERATED two baseless arguments from the transphobic “bathroom police” at work

Image Credit: pxfuel.com
I’ve provided advice to plenty of employers on transgender employees using restrooms. For most companies, it’s not an issue. Employees can use the restroom corresponding to their gender identity. But, sometimes I get pushback. Continue reading
500,000 dollars, err, reasons not to stereotype women in traditionally male-dominated industries

Image Credit: pxfuel.com
When many people think of a “motorcycle enthusiast,” they imagine someone in sunglasses, a leather vest, jeans, boots, and lots of facial hair. And while that describes my Aunt Helen, most folks picture someone like the guy in the photo.
By the way, I don’t have an Aunt Helen. If I did, she’d likely consider me a great disappointment to the Meyer name as I don’t ride a motorcycle — unless the sidecar somehow counts.
Some of your employment arbitration agreements may not be worth much soon. Here’s why.

Image by Adam Radosavljevic from Pixabay
When it comes to politics, there is not much on which the two sides of the aisle see eye to eye. I’ll admit it, several of my blog posts about new bills in Congress may grab your attention. However, they have little chance at becoming law. In the blogging business nerd writing, we call that attention seeking “clickbait.”
Today’s post is not clickbait. Continue reading
Because you asked, I’ve got so many great trans-inclusive resources for you and your workplace today

Danachos, CC BY-SA 4.0, via Wikimedia Commons
Thank you for all of the positive feedback and comments both via email and here on LinkedIn following yesterday’s transgender pronoun post. Many of the requests were for additional resources to promote a trans-inclusive workplace. Continue reading
One of your employees objects to using transgender co-workers’ personal pronouns. Now what?

Amousey, CC0, via Wikimedia Commons
Most employees are at-will; they can be fired for any reason or no reason at all. And intentionally misgendering a co-worker would be enough.
But, what if the employee objects on religious grounds? 🤔 Continue reading
60 years after the NY Yankees rejected her, a woman finally got that bat girl job

Groupe Canam. Services fournis:Conception-ingénierie Dessins par InteliBuild FabricationUsines de fabrication: Saint-Gédéon-de-Beauce, QCQuébec, QC, CC BY-SA 3.0, via Wikimedia Commons
I hate the New York Yankees. So, it is with deep-seated loathing that today’s blog post not only features the Evil Empire but casts the organization in a positive light.
Whatever. They’re still in fourth place in the AL East. Continue reading
The Supreme Court’s silence on transgender bathroom use may speak volumes for your workplace

Marielam1, CC BY-SA 4.0, via Wikimedia Commons
Last year, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has discriminated based on sex in violation of Title VII of the Civil Rights Act of 1964. Yesterday, the Supreme Court declined to address the Fourth Circuit’s decision in G.G. v. Gloucester County School Board, where the appellate court ruled that under Title IX of the Education Amendments Act of 1972, transgender students may use the bathroom that corresponds to their gender identity. Otherwise, the school is discriminating based on sex.
While Bostock has nothing to do with bathrooms and G.G. has nothing to do with the workplace, I think you can see where I’m going here.