Notice anything potentially unlawful here? Yesterday, several of us spoke with The Philadelphia Inquirer about the problem with a local restaurant’s job ad discouraging trans men (and any women) from applying.
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Articles Posted in Sex
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Here are forty thousand reasons why “equal pay for equal work” applies to male victims too
A federal law called the Equal Pay Act requires that men and women in the same workplace receive equal pay for equal work. The jobs need not be identical, but they must be substantially equal. While women often seek relief under this statute, a state government agency learned the hard…
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An employer’s response to a complaint of harassment doesn’t need to be perfect. Just ok may do.
Remember that AT&T ad campaign a few years ago where the mobile network provider touted how cell phone users should not have to settle for mediocre phone service? “Just ok is not ok.” In the workplace, however, “just ok” may be good enough when responding to employee complaints of harassment.…
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Employee claims bias when employer failed to hire an inferior candidate.
“Uh, Eric, don’t you mean the superior candidate?” You’d think I would, but I’m reading what the Seventh Circuit Court of Appeals wrote in this recent opinion. The plaintiff, a black woman, applied for a job. The company conducted two rounds of interviews, with separate panels in each round, to…
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New employment laws may not just expose employers to liability; they may double it!
Among the top employment issues that companies will need to navigate in 2024 is enforcing laws that have more recently taken effect. Take the PUMP for Nursing Mothers Act, for example. The PUMP Act, which amended the Fair Labor Standards Act, took effect in December 2022. It provides additional workplace…
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No, my guy, your employer did not unlawfully stereotype your masculinity by firing you for sexual harassment.
I’m going to tell you about what may be the least self-aware employee. At least in recent memory. But first, we need to talk about sex stereotyping. Sex stereotyping is a form of discrimination. Indeed, the Supreme Court has acknowledged that Title VII of the Civil Rights Act of 1964…
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As one person found out on Monday, it’s not so easy to prove sexual orientation bias when you’re straight.
One of the largest jury verdicts in recent memory for a claim of employment discrimination was a $25.6 million award to a white manager who alleged that her former employer fired her because of her race. But these wins involving discrimination against the so-called “majority” are few and far between.…
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Could a shoddy investigation into a complaint of discrimination lead to a viable lawsuit by . . . the accused?
I’m generally skeptical when I read about lawsuits that individuals accused of discrimination bring against their former employers. Last night, I read about a doctor who was terminated from his position after his former employer received an anonymous complaint allegedly accusing him of sex discrimination. The doctor (plaintiff) claimed that…
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A Tennessee man who claims he was fired from his job over tweets made in California can sue that person in Tennessee
I want to thank my co-presenters, Amy Epstein Gluck, Jonathan Segal, Gregory Slotnick, and everyone who attended the Zoom on Friday, November 10, 2023, when we discussed antisemitism and the workplace. We recorded it, and you can view it here on YouTube. One of the topics we covered was employees getting…
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“Oh, they paid you less than market value? Yes, we love your novel equal pay legal theory. Tell us more!”
If only a federal appellate court had reacted that way when a female plaintiff claimed an equal pay violation because she and other females were paid less than the “local industry standard.” But, the Fourth Circuit Court of Appeals wasn’t buying the ‘back-of-the-envelope math’ the plaintiff was selling. Allow me to…