Last week, the Supreme Court made it more difficult for employers to establish that an employee’s request for a religious accommodation under Title VII of the Civil Rights Act of 1964 creates an undue hardship. But there’s much more to Title VII than just religious accommodations. And the Supreme Court…
Articles Posted in Sex
Can blasting Eminem’s music create a hostile work environment? A federal appellate court thinks so.
At a workplace in Nevada, “sexually graphic, violently misogynistic” music from artists like Eminem and Too $hort “blasted from commercial-strength speakers placed throughout the warehouse, the music overpowered operational background noise and was nearly impossible to escape.” Employees complained about it “almost daily.” But management brushed those complaints aside and…
I’m naturally skeptical when an employee claims sexual orientation bias against straight people.
So when the plaintiff in this federal court decision I read last night cited as evidence of her employer’s heterosexual animus that her gay coworker received a cake and party by gay supervisors on his 30th work anniversary, whereas she did not receive cake or party for the same occasion,…
He asked her to babysit and shot her in the butt with a rubber band. So she sued for hostile work environment.
I’ve seen weaker lawsuits. But let me explain why the Sixth Circuit Court of Appeals recently affirmed that asking a female colleague to babysit, once hitting her posterior with a rubber band, and even failing to use her proper title is not enough to create a hostile work environment based…
Being denied coverage to use the bathroom (and a bunch of other stuff that isn’t discrimination)
When employees allege discrimination, they must prove an employer’s discriminatory motive and connect it to a particular adverse employment decision. An adverse action requires evidence of a significant change in employment status, benefits, or pay. Usually, the proof comes in the form of failure to hire, a firing, failure to promote,…
THIS action fell just short of possible discrimination and retaliation. (Whew!)
The plaintiff in this action has worked as a human resource specialist. She claimed that, beginning in 2019, her male supervisor made unwelcome sexual comments to her, and, when she reported those comments to his direct supervisor, they were ignored. So the plaintiff says she filed an Equal Employment Opportunity (“EEO”) complaint.…
Today is Equal Pay Day. And here’s why, for the 14th time, the reintroduced Paycheck Fairness Act won’t pass.
In recent years, many states have passed equal pay laws. At the federal level, well… For U.S. Representative Rosa DeLauro (D-CT-03), last week marked the fourteenth time (according to Wikipedia) that she had introduced the Paycheck Fairness Act. The measure is designed to combat the wage disparity woman face compared to…
Here is what makes equal pay claims so difficult to win
When a longtime government agency employee sued her employer for violating the Equal Pay Act, she argued that the defendant paid her male coworker more for “essentially the same job.” In her mind, their roles “were complementary and [their] duties equal.” But that’s not enough to show prevail under the…
I’m not done with yesterday’s post yet. You need to hear about the retaliation claim!
On Wednesday, I blogged about a woman who worked as a “helper” for a construction company. She alleged that she had to endure misogynist comments from her general manager, who told her in front of others that, since she had “t*** and an a**,” she could not perform certain functions…
Is it sex discrimination to assign a woman different tasks than a man in the same job?
A woman received a promotion at a construction company from laborer to helper. Helpers either work on the ground or “at elevation.” The woman had experience working at elevation at another company. She wanted to work at elevation again in her new job to improve her skills because advancements would…