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The Employer Handbook BlogHelp Wanted: Bartender. Must be biologically male
Notice anything potentially unlawful here? Continue reading
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 way that “equal pay for equal work” applies to underpaid men, too. Continue reading
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?
In the workplace, however, “just ok” may be good enough when responding to employee complaints of harassment.
Hey, I’m not saying employers should aspire for “just ok,” but it can defeat a sexual harassment lawsuit.
Employee claims bias when employer failed to hire an inferior candidate.
“Uh, Eric, don’t you mean the superior candidate?” Continue reading
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.
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. Continue reading
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.
Just getting the case to trial is difficult. Continue reading
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. Continue reading
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. Continue reading
“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 explain. Continue reading