When you think of prohibited sex discrimination under Title VII, what comes to mind? How about a workplace policy that says male employees can get weekends off but females can’t do the same? Seems pretty clear that’s unlawful sex discrimination, right? But guess what? Last August, a federal appeals court ruled that the policy was…
UPDATE: As expected, President Biden has signed the Speak Out Act into law, ushering in a new era of protection for victims of sexual misconduct who are subject to nondisclosure and/or non-disparagement agreements in connection with their employment. The new law, which is effective as of the December 7 signing date, renders judicially unenforceable all…
Does the name Amy Cooper ring a bell? You may remember her better as the “Central Park Karen” who was fired after she called the police because a Black man asked her to obey park rules and keep her dog on a leash. As you probably recall, a now-viral video shows Cooper threatening the man,…
A state appeals court rejected a fired employee’s claim that a DEI policy proved a company engaged in sex discrimination. As a member of his company’s HR department, John Weaver was responsible for training employees. In the spring of 2019, the company restructured the department to optimize its performance. As part of the reorganization, Weaver…
A restaurant employee who was promoted three times over a span of eight months was unable to convince a federal appeals court that his employer nonetheless unlawfully discriminated against him based on his sexual orientation, in violation of Title VII and a parallel state law, by delaying or denying him a promotion. In May of…
Fat. Old. Ugly. No one wants to be called any of those, but it’s happening. In the workplace, of all places. The new wave of discrimination at work includes weight, height and level of attractiveness, according to research and legal experts. And all the while, age discrimination continues in the workplace. It’s gotten so bad,…
A court refused to dismiss an equal protection claim filed by a gay firefighter who says he was subjected to discriminatory treatment in the workplace. Sex-based trash-talk and pranks are still the norm in some police and fire departments. But if it’s a “general, on-going, and accepted practice,” it might amount to an official policy…
“The law requires companies to make hiring decisions based on an applicant’s qualifications, not gender stereotypes,” said EEOC Chair Charlotte A. Burrows in a recent press release announcing a seven-figure settlement for an undetermined group of women. Here’s what happened at a company in Ohio. Trucking company – or boys’ club? R&L Carriers, Inc….
A federal appeals court in New York has issued an important — and pro-employee — new ruling on the scope of protection afforded to applicants and employees by Title VII. The decision comes on the heels of another significant employee-friendly Title VII federal appeals court ruling issued by the full Fifth Circuit last month. Though…
A federal appeals court has revived claims of sex and age discrimination filed by a psychiatrist who lost her job because she could not pass a physical ability test. The plaintiff in the case is Jane DiCocco, who was 67 years old when she accepted a job as a psychiatrist at a federal prison located…
A federal magistrate judge recommended denying a Colorado university’s motion to dismiss a Title VII reverse discrimination claim filed by a male applicant. In 2018, Christian Sparks applied for a position as a Civil Rights Investigator with the Office of Equity at the University of Colorado. Sparks had nearly 20 years investigative experience, including in…
How much porn is OK to watch at work? We hope your policy is zero. And as the following suit shows, the reasons for taking that policy seriously don’t just include cutting down on distractions and keeping the focus on work. They also include protecting your agency from a lawsuit. A former police sergeant in…
As employers’ use of artificial intelligence (AI) tools continues to grow, so does the risk of running afoul of Title VII — the federal law that bans employment discrimination based on a number of protected classes including race and sex. To help employers stay on the right side of the law, the EEOC has released…
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