Just a little harm will do. On Wednesday, the U.S. Supreme Court unanimously ruled that Title VII does not require a plaintiff to show that a discriminatory transfer to another position caused her to suffer “significant” or...more
4/19/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
Sheesh. I would think so! Here's a story for you:
Some investors bought an apartment complex in Houston with the plan to fix it up and flip it. They decided the Property Manager wasn't doing a good job, so they fired her...more
A new series.
NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more
3/25/2022
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
GINA ,
Race Discrimination ,
Religious Discrimination ,
Sex Discrimination ,
Title VII ,
Wage and Hour
Here's what's been going on this week.
Some noteworthy labor and employment developments from the past week, in no particular order:
Court rules against Christian teacher who wouldn't use kids' names, preferred...more
7/16/2021
/ Americans with Disabilities Act (ADA) ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Gender Identity ,
Hostile Environment ,
LGBTQ ,
Ministerial Exception ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Religious Accommodation ,
Religious Schools ,
Sex Discrimination ,
Sexual Harassment ,
Title VII
And then you go and make it worse.
The Volokh Conspiracy posted last week about a Human Resources Business Partner who sued his former employer in federal court (Oregon).
I am in a charitable mood as I write this post,...more
4/23/2021
/ Background Checks ,
Confidential Information ,
Depositions ,
Electronic Records ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Human Resources Professionals ,
Motion to Dismiss ,
Public Records ,
Sanctions ,
Sealed Records ,
Sex Discrimination
Science!
Wednesday was Equal Pay Day, the day on which women's pay finally catches up to that of their male counterparts.
They say that a woman has to work from January 1 through March 24, 2021, in addition to all of...more
3/26/2021
/ Caregivers ,
Child Care ,
Coronavirus/COVID-19 ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hospitality Industry ,
Pay Gap ,
Remote Working ,
Sex Discrimination ,
Wage and Hour
There's a new sheriff in town . . . . . .
so y'all better straighten up.
You probably know by now that the Biden Administration fired Sharon Fast Gustafson, the Trump-appointed General Counsel of the Equal Employment...more
3/12/2021
/ Age Discrimination ,
Biden Administration ,
EEO ,
EEOC General Counsel ,
Employee Training ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Harassment ,
Joe Biden ,
Mediation ,
Medical Leave ,
Policies and Procedures ,
Race Discrimination ,
Reasonable Accommodation ,
Retaliation ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Wage and Hour ,
Wrongful Termination
In light of his Supreme Court win in June.
The U.S. Court of Appeals for the Eleventh Circuit has revived a Title VII lawsuit filed by Gerald Bostock, who had sued Clayton County, Georgia, alleging that the county terminated...more
8/28/2020
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
In a 6-3 decision written by Justice Neil Gorsuch, the U.S. Supreme Court ruled today that discrimination based on sexual orientation or gender identity is a form of “sex” discrimination prohibited by Title VII.
Justice...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
Two courts have said yes, but one now says no.
In 2017, I wrote about a federal court decision saying that gender dysphoria was a "disability" within the meaning of the Americans with Disabilities Act. A year later, another...more
According to the DOJ.
I finally had a chance to read the brief of the Solicitor General in the R.G. & G.R. Harris Funeral Homes case, in which the Supreme Court will hear arguments on October 8....more
We should know today.
The U.S. Department of Justice is reportedly trying to get the Equal Employment Opportunity Commission to reverse its position on whether "sex" discrimination in Title VII encompasses LGBT...more
How much do you know about the rights of dads in the workplace? Take our quiz and find out! As always, the answers appear immediately after the questions, so you can cheat all you want, as long as your cheating doesn't...more
The status, the arguments, and my predictions.
I've been waiting anxiously since September for the Supreme Court to agree to review three lower court decisions on whether LGBT discrimination violates Title VII of the Civil...more
Most charges were down, but sex harassment, LGBT charges were up.
On Wednesday, the Equal Employment Opportunity Commission released its charge-filing statistics for fiscal year 2018, which ran from October 1, 2017, through...more
Hot darn! Two Friday quizzes in a row!
How much do you know about pay equity? Take our quiz and find out! The usual rules apply: The answers immediately follow the questions, and if you cheat, I'll be none the wiser. ...more
I see some bombs tucked away in there.
The U.S. Equal Employment Opportunity Commission issued proposed regulations that were published in today's Federal Register....more
Bonnie O'Daniel was a Human Resources manager (remember that!) at a workplace in Louisiana. One day in April 2016, she went shopping at a well-known national retail store and encountered a transgender woman in the dressing...more
The decision could be a big help to recruiters, staffing companies, and employment agencies.
When might a recruiter be liable for a discriminatory hiring decision?...more
Better to be prudent with everybody.
An article this week in Bloomberg said that men on Wall Street were getting the message about #MeToo.
But the message wasn't quite what you might expect. Rather than "Avoid harassment at...more
Delayed again!
Not long ago, I posted that the U.S. Supreme Court was going to consider tomorrow whether to review three court of appeals decisions addressing whether Title VII's ban on "sex" discrimination applies to...more
We may know by the end of this month.
According to a report in yesterday's Bloomberg BNA Daily Labor Report, the Supreme Court will consider, and hopefully decide, on November 30 whether to review lower court decisions...more
Hurry up and wait.
As our readers know, there are three LGBT rights decisions that may be reviewed by the U.S. Supreme Court:-
Zarda v. Airport Express: U.S. Court of Appeals for the Second Circuit (Connecticut, New...more
Commission adopts an expansive view of "sex."
The Pennsylvania Human Relations Commission has issued new Guidance stating that it will consider "sex" discrimination, prohibited under the Pennsylvania Human Relations Act, to...more
But will the EEOC be allowed to defend?
This should be interesting. You probably remember the case of EEOC v. R.G. & G.R. Harris Funeral Homes, involving the termination of a Detroit-area transgender funeral home director....more