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Category: Title VII

Is “Boy, you need to pray” Comment to Biscuit Maker A Violation of Title VII?

The EEOC continues its push to recognize job protection for LGBT workers under Title VII. On Wednesday, the EEOC filed a lawsuit against Bojangles Restaurants Inc. alleging that the restaurant chain discriminated and retaliated against former employee Jonathan Wolfe. The Complaint alleges Wolfe, who was transitioning from male to...

Benchslapped! EEOC & NLRB May Have to Pull Out Their Debit Cards

For those employment lawyers who believe that the EEOC and NLRB have tended to overreach of late (i.e., the defense bar), two separate decisions handed down against those agencies caused a distinct feeling of schadenfreude . 1 Or, as one legal scholar noted in a somewhat different context, "...

Mark Twain, Keith Richards & The Manager Rule

Are reports of the death of the manager's rule greatly exaggerated ? Gentle reader, as you know, the manager rule is a common defense to whistleblower or retaliation claims and holds that a management employee who disagrees with or opposes their employer's actions in the course of their normal...

Let’s Talk about Sex(ual Orientation) Lawsuits under Federal Law

The last few weeks have been filled with filings and decisions in federal courts across the country regarding sexual orientation as a basis for a Title VII lawsuit. On March 1, 2016, the United States Equal Employment Opportunity Commission ("EEOC") filed its first sexual orientation discrimination claims in Pittsburg...

How Not to Handle a “Jezebel Spirit”

The answer is fairly obvious: don't refer to someone as having a Jezebel Spirit. If this happens, however, and an employee can't help but make the reference, pray (literally and figuratively) that it is not a manager. Last month, Lisa McKinley filed a lawsuit against the Salvation Army in...
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