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.” “Good. Because I am dealing with a hostile work environment.” “Well, I generally only represent employers. So—” “— But, my hostile work environment…
Articles Posted in Sex
Firing a woman for lactating at work is against the law
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…
Horniest boss ever? His employee still can’t prove sexual harassment.
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…
Irresistible attraction, three-ways, and more fun and games
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. *** searching … searching … searching *** Ok, got it! Back in…
Four ways to successfully defend an Equal Pay Act claim
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 importance of addressing sex stereotyping in the workplace
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…
POLL RESULTS: Here’s what you said about the #Donglegate firing
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…
POLL: Was the #Donglegate firing fair?
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. Yesterday, I offered my legal analysis. Today, I want your non-legal opinion: SendGrid’s decision to fire…
Employee gets fired for tweeting complaints about discrimination
Is this Retaliation 2.0? Two weeks ago, Adria Richards attended an industry conference at which she overheard sexual jokes from two attendees sitting behind her during a session. So, she complained…on Twitter: Not cool.Jokes about forking repo’s in a sexual way and “big” dongles.Right behind me #pycon twitter.com/adriarichards/… — Adria…
The most blunt same-sex sexual harassment judicial opinion…evah!
So captivating that, at 35 pages long, it held my attention for 24 of them. Winning! I’ll whet your whistle with the opening paragraph of EEOC v. The McPherson Cos., Inc.: This Title VII case revolves around repeated churlish, childish, gross, sordid, vulgar, foul, disgusting, profane utterances in the workplace.…