Mr. Gaff worked as a custodian at a University. He claimed that, on several occasions, his subordinate called him a “fa***t.” So, Mr. Gaff complained to his supervisor. Then, Mr. Gaff was later fired.
Retaliation?
Back in April, the EEOC concluded that transgender discrimination is discrimination based on sex and, therefore, violates Title VII. That same month, a federal court denied another employer’s motion to dismiss the sex discrimination claims of a transgender employee. However, in denying the motion to dismiss, the court did not conclude that transgender discrimination is sex discrimination. Rather, it reaffirmed that Title VII prohibits sex stereotyping; i.e., when an employer takes action because an employee does not conform to the employer’s sex- or gender-based preferences, expectations, or stereotypes.
On Monday, I got into last week’s EEOC ruling that sexual-orientation discrimination is sex discrimination and, therefore, violates Title VII. Yesterday, I took up the First Amendment Defense Act, which has been described by the ACLU as “Indiana on Steroids.”
On Thursday, make way for the Equality Act, according to Chris Johnson at the Washington Blade (here). Continue reading
Oh, and it would allow businesses to fire LGBT employees too. Sorry EEOC.
It’s the First Amendment Defense Act, which has been described by the ACLU as “Indiana on Steroids.” Continue reading
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Last Friday, I briefly mentioned the EEOC’s recent decision, in which it concluded that Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law that bans employment discrimination based on race, color, religion, national origin, and sex, also forbids discrimination based on sexual orientation (e.g., lesbian, gay, bisexual). The EEOC concluded that sex discrimination also takes into account “sex-based considerations,” which includes sexual orientation. Continue reading
Ok, presumably, I’m not the only employment lawyer trying to apply the Supreme Court’s decision in Obergefell v. Hodges to the employer-employee relationship. But, I can guarantee that this will be the best post you read about it today.
#noguarantees Continue reading
Caitlyn Jenner got the cover of Vanity Fair and a million new Twitter followers shortly after confirming that she was no longer Bruce Jenner. So, by riding that wave with a timely blog post, I should at least get page 5 — above the fold — in the latest edition of “Employment-Law Blog Hunks,” the one you all read for the articles.
(Actually, I will be on Knowledge@Wharton’s daily show on SiriusXM channel 111 – Business Radio Powered by The Wharton School today from 10-12 EDT, as a follow-up to yesterday’s post, discussing Monday’s Supreme Court decision in EEOC v. Abercrombie & Fitch Stores, Inc.)
Now, before my ego explodes like a baseball off of Giancarlo Stanton’s bat, let’s revisit the issue of transgender employees and restroom access. Continue reading
Last September, for the first time ever, the EEOC sued two private employers for discriminating against employees who had transitioned from one gender to another.
One of those cases settled last week for $150K.
Yesterday, the other action survived the employer’s motion to dismiss the case. Continue reading
Exactly one month ago, I addressed what many consider to be the elephant in the room when it comes to transgender employees: bathroom use.
On Wednesday, EEOC Commissioner Chai Feldblum fired off a series of tweets (1, 2, 3, 4, 5, 6, 7) to lawyers representing employers and employees. Below (and here) is the one she sent to my side of the bar:
On my speaking boondoggles around the country, what’s the biggest issue I hear from HR professionals involving transgender employees?
Yep, it’s the use of the bathroom.
Folks, it’s not that complicated. But, I’ll get to that in a sec. First, with a tip of the hat to Joshua Block (@JoshACLU), over the weekend, I read this tweet, which links to this story from Jessica Shepherd (@JessShepSaginaw), about a Planet Fitness location in Michigan that received a complaint from a female gym member. This woman complained to the gym about a transgender woman (assigned male at birth; identifies as female) in the woman’s locker room. She then told other gym members that “a man” was using the woman’s locker room.
So Planet Fitness responded. Continue reading
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