Last week, a Pennsylvania federal court held that Title VII protects lesbian, gay, and bisexual employees from sex discrimination. As we noted in last Thursday’s post, courts around the country have differing views about whether or not discrimination based on sexual orientation is prohibited by Title VII.  The Pennsylvania federal court adopted the EEOC’s position and wrote “…discrimination on the basis of sexual orientation is, at its very core, sex stereotyping plain and simple; there is no line separating the two….  It is…a distinction without a difference.  Forcing an employee to fit into a gender expectation—whether that expectation involves physical traits, clothing, mannerisms, or sexual attraction—constitutes sex stereotyping…and violates Title VII.”

Discrimination

• In connection with an investigation by the EEOC, Minneapolis Public Schools agreed to remove from its severance agreements language stating that departing employees will not pursue a discrimination charge.
• The EEOC sued a Minnesota construction company for racial harassment, alleging that a white supervisor subjected African-American employees to racial slurs and threats with a gun and noose.
• A North Carolina phone company will pay $50,000 to settle a same-sex sexual harassment suit filed by the EEOC.
• The EEOC released recordings of its October webinars on the agency’s new Employer Information Report (EEO-1) and the rules on employer wellness programs.

Technology

• Harvard Business Review explained why “big data” is not always the right data.
• An employer survey revealed that 88% of HR professionals use social media for employer branding.
• Startling data gathered by LinkedIn shows that startup founders and investors think the lack of diversity in tech startups will fix itself.

Wage and Hour

• McDonald’s agreed to pay $3.75 million to settle a joint employer suit.
• The New York Times made the case for offering paid sick leave.
• The number of wage and hour lawsuits under the Fair Labor Standards Act rose more than 400 percent between 1995 and 2015.
• Inc. shared some advice on how to explain to salaried employees that they will be hourly under the overtime rules that will take effect December 1.
• A Florida plastics recycler agreed to pay $424K in back wages after a U.S. Labor Department investigation found the company violated overtime and recordkeeping provisions of the Fair Labor Standards Act.

In Other News:

• Fast Company explained how office layouts may facilitate gender bias that disadvantages women.
• A former Trader Joe’s employee filed a complaint with the NLRB, claiming he was fired for not smiling enough.