Suppose one of your employees complains that co-workers, believing him/her to be homosexual, are harassing him/her. You look into the complaint, but you kind of drop the ball and nothing is really done. The co-workers, having found out about the complaint, step up the harassment. You also learn that the complainant may have violated a […]
Do Employees’ Gender Expression Rights Trump Employers’ Religious Rights? One Court Says “No”.
The EEOC has made very clear its position that Title VII’s prohibitions against sex discrimination apply to transgender employees. (Click here for review of that issue.) It also sued a funeral home in Michigan in September 2014 when it fired its funeral director, a transgender employee, for dress code violations. It also lost at the trial […]
The EEOC Says Workplace Harassment Training Doesn’t Matter? Not Exactly…
Workplace harassment persists. That’s really not news. Our discussion last week of Gretchen Carlson’s lawsuit against Fox News CEO Roger Ailes, made that point clear. (Click here if you missed that post.) The EEOC, in its recently released study on workplace harassment, presented a startling piece of information: Training as a prevention tool does not […]
Breaking News: Supreme Court Says Date of Resignation Starts the Clock Running on Constructive Discharge Claims
We interrupt our regularly scheduled program with this breaking news: Yesterday, the US Supreme Court handed down another employment law decision. This time it’s an actual decision and not a decision not to decide (click here for that post.) So what is it? The case name is Green v. Brennan and I previously mentioned it […]
Breaking News: US Supreme Court Rules in Favor of Applicant in Abercrombie “Hijab” Case
The much-awaited ruling in the Abercrombie & Fitch “hijab case” is here. Abercrombie & Fitch refused to hire 17-year old Samantha Elauf, because the headscarf she wore pursuant to Muslim practices (which she was wearing at her job interview) conflicted with Abercrombie’s “look” policy, which prohibited pretty much any head coverings. (Click here for a […]