Category: Title VII
Western District of Pennsylvania Rules Sexual Orientation Discrimination Protected by Title VII
On Friday, November 4, 2016, the Western District of Pennsylvania issued an order denying the Defendant's Motion to Dismiss in EEOC v. Scott Medical Health Center (No. 2:16-cv-00225) finding that a claim of sexual orientation discrimination is a form of sex discrimination prohibited by Title VII of the Civil...
Zika in the Workplace: Best Practices for Not Getting Bit with Liability
There are things we all need to know about Zika: 1) it is spread mostly by an infected Aedes species mosquito; 2) it can be passed from a pregnant woman to her fetus; 3) there is no vaccine or medicine for Zika; and 4) confirmed cases of the Zika...
“The Writing is On the Wall”: Seventh Circuit Clears Up Any Misconceptions the Public May Have on the Court’s View on Sexual Orientation Discrimination
Late last week, the Seventh Circuit issued an opinion in Hively v. Ivy Tech Community College , in which it held that Title VII provides no redress for discrimination of the basis of sexual orientation. The Seventh Circuit is the first federal court of appeals court to rule on...
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, "...
Belief in the Flying Spaghetti Monster Does Not Confer Religious Protections Under the Law
On Monday, Stephen comes into work dressed like a pirate. As his employer, you think this is strange, and maybe pushing the limits of the dress code, but there are other more important things on your plate, so you decide to deal with it later. On Tuesday, Stephen is...
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...
With a Little Help from my Friends: 8th Circuit Assumes Without Deciding that Associational Bias Claims Exist Under Title VII
Update regarding an issue we've previously blogged about . The Eighth Circuit assumed without deciding that individuals can sue for retaliation or discrimination under Title VII based on their association with a member of a protected class. The Second, Fifth, Sixth and Eleventh Circuits have explicitly ruled the statute...
Ba Rump Pa Pum Whaaaa?: Little Drummer Boy and the Out-of-Date Minimum Lifting Requirements
When was the last time you reviewed the "minimum lifting requirements" in your job descriptions? In several cases this year, courts have looked skeptically at job requirements listed in an employer's job description. Specifically, judges have not been willing to take the employer's word for it that lifting, say...
Prospero Ano y Felicidad: Feliz Navidad and an "English Only" Policy in the Workplace
As Jose Feliciano wishes us a Merry Christmas from the bottom of his heart, it is important that we as employers recognize that in order to maintain a diverse workforce we are going to be faced with some difficult questions—including whether an "English Only" policy is necessary or appropriate...
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...
High Court Demands Higher Obligation When Dealing With Highest Power: EEOC v. Abercrombie & Fitch Stores, Inc.
Today the Supreme Court issued a decision in the highly anticipated case of EEOC v. Abercrombie & Fitch. Background on the case is available, as is access to the "look policy" which we originally discussed. The question before the Court involved whether the employer or the employee had an...
