In the past week, the U.S. Equal Employment Opportunity Commission has brought two lawsuits against employers that allegedly violated Title VII of the Civil Rights Act by discriminating against transgender employees.
Let’s start with what you probably know already — especially if you are an employment lawyer. Continue reading
A staffing company allegedly fulfilling a customer’s discriminatory hiring practices learned this lesson the hard way. Continue reading
Yesterday, we addressed the risks of not letting HR do its job by investigating sexual harassment complaints. Today, we’ll discuss a recent decision underscoring the importance of thoroughly investigating employee complaints.
If your business provides a self-funded health insurance plan to its employees, that health plan covers “medically necessary” services, and you’re not keen on defending sex discrimination claims, then keep reading. Continue reading
Readers of this blog know that the EEOC recently finalized its new workplace harassment guidance and that one of the contentious issues in the guidance, according to a dissenting EEOC Commissioner, is the EEOC’s position that misgendering an employee, e.g., by consistently using the wrong pronouns, can violate Title VII. Continue reading
Have you ever heard of me-too evidence? Continue reading
Suppose an employer transfers an employee, and that employee believes that unlawful bias fueled the decision. Does that transfer have to significantly disadvantage that employee to give rise to a discrimination claim under Title VII of the Civil Rights Act of 1964?
A white man filed a lawsuit against a company claiming that it denied him a high-six-figure executive position because of his race, age, and sex so that the company could search for more diverse candidates. Among the causes of action he asserted was one for race discrimination under 42 U.S.C. § 1981. A plaintiff suing under Section 1981 for a failure to hire must establish that “but for” his race, he would have gotten the job.
Whoa, whoa, whoa! Hold up. Continue reading
The words “cisgender” or “non-transgender” employee appear nowhere in Title VII of the Civil Rights Act of 1964, the federal workplace law that outlaws gender discrimination. But, according to a Pennsylvania federal judge, “that does not preclude the possibility that discrimination against both a cisgender male and cisgender female may be independent Title VII violations.”
I’ll explain why. Continue reading
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