There has been a lot of buzz on whether sex discrimination under Title VII includes gender identity and sexual orientation discrimination. Last week, however we were thrown a curveball. A federal judge ruled that a transgender employee may in fact be protected from discrimination — under the Americans with Disabilities Act. Wait. What? Gender identity […]
You Offered Her the Job, She’s Pregnant. Now What?
Many employers have been in this very situation. You finally a qualified candidate for a position that’s been open for a long time. So you offer her the job. She accepts. There’s only one problem: she tells you she’s pregnant. You are not happy. Now you’re back to Square One, because you have to start […]
More Employment Law Cases and Issues to Watch in 2017
I promised last week to cover one more Hot Button employment law issue to look for in 2017. Of course I didn’t tell you what it would be. I doubt you will be surprised to hear it though. The last Hot Button issue revolves around the rights of LGBT employees. Yes, I know I already […]
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 […]
What We Can Learn from Gretchen Carlson and Fox News
Whether they want to report it or not, one piece of news is spreading rapidly: Gretchen Carlson, a former host at Fox News (and, yes, a former Miss America) has sued Fox News CEO Roger Ailes for sexual harassment and retaliation. Let me say this at the outset: I am not going to try to […]