Articles Posted in Sex

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It took the U.S. Equal Employment Opportunity Commission about 50 years to recognize that Title VII of the Civil Rights Act of 1964 protected employees from discrimination based on their sexual orientation.

Now, in less than three years since the agency’s groundbreaking decision in 2015, two federal appellate courts have joined in concluding that sex discrimination under Title VII includes discrimination based on sexual orientation, as yesterday, the Second Circuit Court of Appeals in Zarda v. Altitude Express, Inc. issued its long-awaited decision. Continue reading

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Image Credit: By Keith Allison from Baltimore, USA (00033816) [CC BY-SA 2.0], via Wikimedia Commons

Over the weekend, I read Jon Wertheim and Jessica Luther’s article at SI.com (NSFW – language), which describes a workplace that for many women was flat out scary AF. Continue reading

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Last week, I was debating whether to do an Aziz Ansari post. But, then I read my buddy Robin Shea’s post at Employment & Labor Insider. She nailed it, of course.

So, I’m going to take a different angle on something that’s not workplace harassment either. Continue reading

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Remember that male Google software engineer who got fired last year after posting a 3,300-word criticism of Google’s diversity policies on the company’s internal website. If you don’t check this out.

Well, guess what? Dude just filed this class-action lawsuit against Google.

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You were expecting a different start to 2018 at The Employer Handbook?

“‘Black-hearted’ mum gets Pizza Hut employee fired for saucy joke written in box.”

I adore that subheader. But, I can’t take credit for it. It comes from a UK tabloid. (We may have won the Revolutionary War, but the Brits still win the headline battles.) The tabloid story is about, well, res ipsa loquitor.

Ironically, it happened on the same day that President Trump nominated U.S. Equal Employment Opportunity Commission Commissioner Chai Feldblum, a true champion of LGBT workplace rights, to serve a third term at the EEOC. Yesterday, the U.S. Supreme Court declined to grant certiorari in Evans v. Georgia Regional Hospital.

In plain English, the Supreme Court passed.
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Hi there.

Did you have a nice Thanksgiving?

Notwithstanding Thursday’s feast, I rallied hard over the weekend. Indeed, I needed my energy up to check some boxes on my older daughter’s Christmas list. (She claims that number one is commonplace in Canada. I’m not so sure).

But, I’m taking a break from the shopping to wax employment law for you. Today, I want to get into LGBT rights at work. Continue reading

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My turn-ons include fantasy football and this ugly holiday sweater, which I cannot wait to debut this season.

I also dig smart legal writing. Although, one could never discern that by perusing my dumpster fire of a law blog. To start to fix that, today, I’m going to quote liberally from a fine piece of legal writing. This sexual harassment complaint filed yesterday in New York is a series of allegations that may be true. Or not. There are two sides to every story.

But, I know on which side here I’d want to be.

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Back in July of this year, the U.S. Department of Justice officially revealed its position that nothing would prevent an employer from discriminating against a gay worker before of his sexual orientation. On that very same day, President Donald Trump tweeted that the military should ban transgender people from serving.

Fast forward to yesterday. In a move that surprised everyone, said absolutely no one, the DOJ issued this memo in which it posited that Title VII of the Civil Rights Act of 1964, the federal workplace anti-discrimination law, does not protect transgender workers from discrimination based on their gender identity per se. Continue reading

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The U.S. Equal Employment Opportunity Commission believes that discrimination based on LGBT status amounts to sex discrimination. Sex discrimination is unlawful under Title VII of the Civil Rights Act of 1964.

However, some recent comments imply that the EEOC’s position on LGBT rights at work may change.

Like, how about a full 180? Continue reading

“Doing What’s Right – Not Just What’s Legal”
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