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Sometimes you can favor women over men for a job; other times it’ll cost you $41,000

Image Credit: Pixabay.com (https://pixabay.com/en/softball-baseball-ball-sport-game-372979/) We’re talkin’ softball. [cue music] Recently, I read about an EEOC settlement with a Maryland school that forked over $41,000 to settle a gender-discrimination claim. Here’s more from the EEOC’s press release: According to the suit, the [] School hired a male as head softball coach…

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Will this time be the charm for some workplace bills recently reintroduced in Congress?

David Maiolo [CC BY-SA 3.0], via Wikimedia CommonsThere are a couple of new(ish) workplace bills pending in Congress. Would you like to hear more about them? Paycheck Fairness Act Late last month, Senator Patty Murray (D-WA) introduced the Paycheck Fairness Act. If it passes, the Paycheck Fairness Act will amend…

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There’s a false rumor going around that a female employee slept her way to the top. Can she sue for sexual harassment?

Image Credit: Pixabay.com (https://pixabay.com/en/yada-yada-board-insignificance-1432923/) Let’s imagine that one of your female co-workers gets promoted. Shortly afterward, some of your male co-workers spread false rumors about how their recently-promoted colleague must have slept her way to the top. Do you think that: (a) these rumors are gender-based, or (b) based upon false…

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Lower court reminds us that LGBT rights remain limited in the Third Circuit, well, except…

Image Credit: https://pixabay.com/en/pride-gay-nyc-new-york-city-flag-2444813/ A few weeks ago, a Pennsylvania federal judge reluctantly ruled in this case that discrimination based on sexual orientation is not unlawful (or you, could say, permissible) under Title VII of the Civil Rights Act of 1964. Here’s what Judge Gerald McHugh said: This case involves a…

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Litigating against LGBT rights may win one case, but still be bad for business overall.

By Phillips 66 Company – http://hrcpdocctr.phillips66.com/HR_P66_Comm/Benefits/BenefitHighlights.pdf, Public Domain, Link Among Fortune 500 companies, 91% prohibit discrimination on the basis of sexual orientation, and 83% prohibit discrimination based on gender identity.  [Source] But, under federal law, circuit courts remain split as to whether Title VII of the Civil Rights Act of 1964…

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Justice Kavanaugh’s first SCOTUS opinion may speak volumes on how he’ll decide the next big employment case

U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia CommonsYesterday, Supreme Court Justice Brett Kavanaugh delivered the opinion for a unanimous Supreme Court in a case called Henry Schein, Inc. v. Archer & White Sales, Inc.  Although the Court’s decision has nothing to do with employment law —…

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The woman who worked for a sex-toy store has … wait for it … a sex-plus claim.

Image Credit: http://www.freestockphotos.biz/stockphoto/14050 (nicubunu acquired from OCAL (Website)) On most days, I blog for you, my readers, to educate you on new legal issues and to keep you ahead of the HR-compliance curve. This is not most days. Tuesday, December 4 will be one of those days. If you haven’t…

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Google ends forced arbitration of sexual harassment claims. Should you? Then what?

Google Inc. [Public domain], via Wikimedia CommonsThe last month for Google has been big for tech and employment law nerds alike. And I just happen to check both boxes. On the tech side, Google released the latest versions of its flagship phone, the Google Pixel 3 and Pixel 3 XL.…

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The DOJ says that Title VII does not protect transgender employees, and this should not surprise you.

By Matt Popovich uh (https://unsplash.com/photos/UVe-5ZyDdAE) [CC0], via Wikimedia CommonsShout out to Chris Opfer at Bloomberg Law. Chris reported yesterday that the U. S. Department of Justice filed this brief with the United States Supreme Court in this case, in which it argues that Title VII of the Civil Rights Act of…

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