As a corollary to yesterday’s post about David Lopez stepping down as EEOC General Counsel — *** Googles “corollary” — swish! *** — I bring you news of two recent court decisions advancing LGBT rights at work. 7th Cir. – Maybe Title VII protects workers from discrimination based on LGBT status after all. Earlier this…
I teased it in Friday’s post. Last week, a Michigan federal court held (here) that a workplace dress code that requires one gender to conform to a sex stereotype (e.g., men must wear suits, and women must wear dresses) is “direct evidence” of sex discrimination. But, the employer in the Michigan case refused…
Just for today, head on over to LinkedIn, and check out my post about how strict application of your dress code could result in a nasty sex discrimination claim. (And a little teaser for Monday — I’ll explain why the Supreme Court’s Hobby Lobby decision may trump Title VII and…
The lede comes directly from last Thursday’s much anticipated decision, in which the Seventh Circuit concluded in Hively v. Ivy Tech Community College (opinion here) that Title VII of the Civil Rights Act of 1964, the federal workplace anti-discrimination statute, does not protect workers from discrimination based on LGBT status. Title VII…
According to Chris Geidner at Buzzfeed.com (here), 128 members of Congress filed a brief in Christiansen v. Omnicom Group, Inc., urging the Second Circuit Court of Appeals to conclude the discrimination based on sexual orientation is sex discrimination and, therefore, violates Title VII. So, yes, you should pay attention. I…
In early March, the U.S. Equal Employment Opportunity Commission filed its first lawsuits, in which it alleged that employer had violated Title VII by discriminating based on sexual orientation. Late last week, one of those lawsuits settled. Dani Kass from Law360 reports here that the EEOC and Pallet Cos., which does business as…
Around this time last year, I blogged here about Guide to Restroom Access for Transgender Workers. According to OSHA, “all employees should be permitted to use the facilities that correspond to their gender identity.” And, it’s up to the employee to determine for him- or herself “the most appropriate and safest…
Last week, the United States Equal Employment Opportunity Commission made headlines by filing its first lawsuits against private-sector businesses challenging sexual orientation discrimination as sex discrimination. Meanwhile, yesterday, another federal court in Christiansen v. Omnicom Group, Inc. (opinion here) concluded just the opposite: sexual orientation discrimination is “reprehensible,” but does not violate Title VII of the…
Yesterday, I blogged here about the U.S. Equal Employment Opportunity Commission‘s first lawsuits challenging sexual-orientation discrimination as sex discrimination. While part of the EEOC’s Strategic Enforcement Plan to address emerging and developing issues, getting federal courts to agree that sexual-orientation discrimination is unlawful under Title VII is an uphill battle. But, that doesn’t…
The U.S. Equal Employment Opportunity Commission is officially stepping into the ring and taking the fight to private-sector employers whom the EEOC believes has discriminated against workers on the basis of sexual orientation. Yesterday, the EEOC announced (here) that it had filed two complaints in federal court against employers whom it…