Last week I posted about the US Supreme Court case, Bostock v Clayton, County, Georgia, specifically the ruling itself and the underlying reasoning. You can read that post here if you missed it. The 3 consolidated cases that prompted the ruling all involved the firing of an employee based either on their sexual orientation or […]
Regardless of What the Supreme Court Rules on Title VII, an Employee CAN Win a Sexual Orientation Discrimination Case…
Many of us are waiting with interest for the US Supreme Court’s decision as to whether Title VII of the Civil Rights Act’s prohibition against sex discrimination includes discrimination based on sexual orientation and gender identity. While we’re waiting though, the issue is not on hold. Last month a police sergeant in Missouri won just […]
What’s Required to Prove a Federal “Sex-Plus” Harassment Claim?
The First Circuit Court of Appeals answers this question in her 60-page opinion, upholding a $700,000 judgment against the Providence Rhode Island Fire Department in Franchina v City of Providence. This isn’t just any harassment case. The firefighter-plaintiff is/was a woman and a lesbian. Now, you may remember that Title VII does not explicitly prohibit […]
Sexual Orientation May Not Be Covered Under Title VII, But…..
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 […]
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 […]