Hiring & Firing Sex Discrimination

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
News & Analysis as of

Sex Stereotyping, Sexual Orientation Discrimination, And Federal Law – Crazy-Mixed-Up Right Now

The Employment Non-Discrimination Act is dead again, so there isn’t a federal law prohibiting discrimination based on sexual orientation. Is there any federal law on same-sex harassment or discrimination? If so, what is it?...more

Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers

Believe it or not, this is not a scene from the new season of Orange is the New Black. It’s actually the opening lines from Orton-Bell v. Indiana, No. 13-1235 (7th Cir. July 21, 2014), an opinion authored by Judge Manion, and...more

Bank of Albuquerque to Pay $230K to Settle EEOC Age and Sex Discrimination Lawsuit

Bank Fired Two Women Because of Age and Sex, Federal Agency Charged - ALBUQUERQUE, N.M. - BOK Financial Corporation, doing business as the Bank of Albuquerque, will pay $230,000 and furnish other relief to settle an...more

Florida’s Supreme Court Rules Pregnancy Discrimination Unlawful

The Supreme Court of Florida recently ruled that the Florida Civil Rights Act’s (“FCRA”) provision prohibiting sex discrimination in employment (Fla. Stat. § 760.10(1)(a)) encompasses discrimination based on pregnancy. Delva...more

New Jersey Department of Labor Publishes Gender Equity Notice

New Jersey employers with 50 or more employees will be required to post and distribute a gender equity notice (“Notice”) to employees in New Jersey beginning January 6, 2014. ...more

Sixth Circuit Affirms Summary Judgment Dismissing Plaintiff’s Wage Discrimination Claims

The Sixth Circuit recently upheld a district court’s grant of summary judgment dismissing a female plaintiff’s wage discrimination claims under the Equal Pay Act (“EPA”), Title VII, and Michigan’s Elliot-Larsen Civil Rights...more

EEOC Sues Employment Staffing Agency ILM for Sex-Based Hiring Discrimination

California-Based Firm Refused to Refer Women For Jobs in Tennessee, Federal Agency Charges - NASHVILLE, Tenn. - A California-based private employment and recruiting agency, Industrial Labor Management Group, Inc....more

Construction Contractor Sued by EEOC for Sex Discrimination

Company Systematically Fired Female Sheet Metal Workers, Federal Agency Charged - NEW YORK - Vamco Sheet Metals, Inc. violated federal law by serially firing female sheet metal workers working for the company on a...more

U.S. District Court Decision Against EEOC: Use of Criminal Background and Credit History Checks in Making Hiring Decisions

A U.S. District Court judge in Maryland has dismissed a lawsuit that accused a nationwide marketing company of using background checks to discriminate against minority and male job applicants after finding the Equal...more

Lactation and Breast-Feeding Are “Pregnancy Related Conditions” Protected Under Title VII

In EEOC v. Houston Funding II, Ltd., the Fifth Circuit issued a landmark decision finding that terminating a female employee because she is lactating or expressing milk is unlawful sex discrimination under Title VII of the...more

Breast-Pump Discrimination is Title VII Sex Based Discrimination

Recently, the Fifth Circuit held that discharging a female employee because she is lactating or expressing breast milk constitutes sex discrimination in violation of Title VII....more

Yes, You Can Fire An Employee Because She Is Hot, Iowa Supreme Court Affirms

Last year we reported on the Iowa Supreme Court's decision in Nelson v. James H. Knight, DDS (Iowa, December 21, 2012), in which the court held that a dental practice did not discriminate against a female assistant by...more

Legal to Fire Female Employee for Being Irresistible?

The Iowa Supreme Court has recently withdrawn its December 21, 2012 opinion in the sex discrimination suit, Nelson v. Knight, and has declared that it will review the case....more

Labor Letter, July 2013: Can You Fire Someone For Being Too Sexy?

In a recent case decided by the Iowa Supreme Court, the judges held that such an action is acceptable under the law. Before your mind starts wandering too far about the repercussions of this decision, let’s not get ahead of...more

Illini Precast Agrees to Consent Decree in Sex Discrimination Case Brought by EEOC

Manufacturer Refused to Hire Women as Temporary Workers, Federal Agency Charged - CHICAGO - Federal District Judge Milton Shadur has entered a consent decree resolving a sex hiring lawsuit brought by the U.S. Equal...more

EEOC Sues Performance Food Group for Nationwide Sex Discrimination in Hiring

Leading National Food Distributor Systematically Refused to Hire Women, Federal Agency Charges - BALTIMORE - A national marketer and distributor of national and proprietary-branded food and food-related products...more

Fifth Circuit Holds Lactation Discrimination is Unlawful Sex Discrimination

Court of Appeals Ruling Overturns District Court's Finding, Permits EEOC's Sex Discrimination Lawsuit Against Houston Funding II LLC to Go Forward - HOUSTON--Overturning a federal trial court's decision from the...more

Sixth Circuit Affirms Refusal to Certify Disparate Impact Sex Discrimination Case

On May 30, 2013, the Sixth Circuit issued its decision in Davis v. Cintas Corporation, Case No. 10-1662 (6th Cir. May 30, 2013), in which it upheld a district court’s refusal to certify a disparate impact Title VII case, but...more

EEOC General Counsel Offers Enforcement Insights

EEOC General Counsel, P. David Lopez, spoke at this year’s Florida Bar Advanced Labor Topics Seminar, and offered insights into the issues of interest to the EEOC’s attorneys. The areas of interest were broken down into 4...more

EEOC Sues QSI/Stellar Management Group for Sex Discrimination

Female Supervisor Fired by Manager Who Wanted a Man in Her Position, Federal Agency Charged - ATLANTA - Stellar Management Group, Inc., doing business as QSI, a contract sanitations services company that provides...more

California Supreme Court Upholds “Mixed Motive” Defense in Employment Discrimination Cases

In a long-awaited ruling issued Thursday, February 7, 2013, the California Supreme Court affirmed the Court of Appeal's decision overturning a damages verdict against the City of Santa Monica, finding that employers may...more

Employment Law Newsletter: February 2013

In this issue: -Inspection of Personnel Records (AB 2674) -Wage Statements (AB1744) -Disclosure of Social Media Passwords (AB 1844) -Criminal History Information Requirements (AB 2343) -Human...more

The Second Obama Term: New Employment Protections for LGBT Individuals Possible

President Barack Obama's second term will likely bring new employment protections for lesbian, gay, bisexual, and transgender individuals. President Barack Obama's election in 2008 ushered in a period of increased...more

OFCCP Announces 2013 Agenda

On December 21, 2012, the Office of Federal Contracts Compliance Programs ("OFCCP") published its 2013 regulatory goals in the Unified Agenda of Regulatory and Deregulatory Actions ("Unified Agenda"), as required by Executive...more

Metro Special Police & Security Services, Inc. Sued by EEOC for Sexual Harassment and Retaliation

Male Supervisor Subjected Male Employees to Sexual Touching and Comments, Federal Agency Charges - CHARLOTTE, N.C. - Metro Special Police & Security Services, Inc., a Charlotte-based provider of private security and...more

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