That’s effectively the argument the plaintiff, an openly gay man, made in this case. The plaintiff worked as a server at a restaurant. Within a few months, his supervisor spoke to him about taking on a leadership position. (Heavens, no!) But here’s where the plaintiff got rubbed the wrong way.…
Probably not. My Google Alerts were blowing up this weekend with reports of the story: Florida teacher allegedly fired after discussing sexuality with students Florida Teacher Fired for Discussing Sexual Orientation Sparks Debate Teacher Says She Was Fired After Talking to Students About Sexuality Most of the reports I read…
In case you missed President Biden’s State of the Union Address last night, I’ve got you covered with everything HR compliance that came up. Pay equity and higher minimum wage. When President Biden took office in January 2021, part of his initial plan was to raise the federal minimum wage…
Henning Schlottmann (User:H-stt), CC BY-SA 4.0, via Wikimedia Commons Over at the FisherBroyles Employment Law Blog, my partner, Amy Epstein Gluck, wrote here about a recent federal court finding that a Catholic school could not avoid discrimination claims after firing a gay teacher from a secular position. Serendipitously, I just…
Danachos, CC BY-SA 4.0, via Wikimedia Commons Thank you for all of the positive feedback and comments both via email and here on LinkedIn following yesterday’s transgender pronoun post. Many of the requests were for additional resources to promote a trans-inclusive workplace. So, last night, I searched the interwebz and…
Amousey, CC0, via Wikimedia Commons Most employees are at-will; they can be fired for any reason or no reason at all. And intentionally misgendering a co-worker would be enough. But, what if the employee objects on religious grounds? 🤔 I may have an answer for you. It comes from this…
Marielam1, CC BY-SA 4.0, via Wikimedia Commons Last year, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has discriminated based on sex in violation of Title VII of the Civil Rights Act of 1964. Yesterday, the Supreme Court…
Stephanie Astono Salim, CC BY-SA 4.0, via Wikimedia Commons Yep, we’re celebrating! On June 15, 2020, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has violated Title VII of the Civil Rights Act of 1964.…
Daniel Barcelona, CC BY 3.0 <https://creativecommons.org/licenses/by/3.0>, via Wikimedia Commons Did I ever tell you guys about the wacky race discrimination case I defended involving a male fast-food franchise employee caught on video smacking a female co-worker? Both the violence and subsequent bogus race discrimination claim were unsettling. Still, it was…
Image Credit: Pixabay.com In 2019, the House of Representatives made history when it passed the Equality Act, a comprehensive LGBT rights bill. More than just workplace rights. The Equality Act would amend Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law for the workplace, to clarify that discrimination based…