“Discrimination Against LGBTQ Workers is Illegal” Rules Supreme Court


The Supreme Court recently ruled that sex discrimination, as outlined in Title VII of the Civil Rights Act, also prohibits discrimination based on sexual orientation and gender identity. Aimee Stephens presented as a male when initially hired by R.G. &

PRO-TIP: Men who smack women at work probably shouldn’t then sue for discrimination.

The Employer Handbook

Did I ever tell you guys about the wacky race discrimination case I defended involving a male fast-food franchise employee caught on video smacking a female co-worker? Both the violence and subsequent bogus race discrimination claim were unsettling.


Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Supreme Court Rules Title VII Sex Discrimination Precludes Discrimination Based on Sexual Orientation and Gender Identity

Biddle Consulting

The Supreme Court has ruled 6-3 that discrimination on the basis of sexual orientation and/or gender identity necessarily violates Title VII’s prohibition of discrimination on the basis of sex. Note that the Court did not find that Title VII “prohibits” LGBTQ+ discrimination (in the traditional sense) as most headlines would lead you to believe—the decision does not render an opinion about the legality of LGBTQ+ discrimination at all.

When have you crossed the line into immigration status discrimination?

Business Management Daily

Many employers don’t grasp the subtle difference between national origin discrimination and immigration status discrimination. Quiz: Are your personnel practices discriminating based on immigration status or national origin? Discrimination and Harassment Employment Law

If you could design the perfect “Return to Work from COVID-19” HR-compliance presentation…

The Employer Handbook

I’ve procrastinated on preparing the slide deck for my upcoming presentation, A Return to Work from COVID-19: EEO and Other Employment Law Considerations , for the U.S. Discrimination and Unlawful Harassment Paid Time Off Wage and HourPhoto by Science in HD on Unsplash.

Federal Court Allows Discrimination Against Transgendered Employee

TLNT: The Business of HR

Under federal law ( Title VII) , employers cannot discriminate because of one’s sex. someone born female who presents male, and vice-versa; also known as gender identity), the EEOC’s position is that transgender employees are protected too. Indeed, they’ve begun filing federal lawsuits on behalf of transgender employees who claim to have been discriminated against. By Eric B. Meyer.

COVID-19: Asian American Discrimination and Mental Health Resources

Thrive Global

As this trend continues, there will surely be a mental health fallout to consider given the negative impact of discrimination on wellbeing. Below is a four-step guide to navigating discrimination and hate and accessing community and mental health support during COVID-19.

The Bottomline on Pregnancy Discrimination

OmegaHR Solutions

The US Supreme Court clears up pregnancy discrimination … or did they? If you have been paying attention to HR related news at all recently you know that the Supreme Court of the United States (SCOTUS) issued a ruling on a pregnancy discrimination case. Young felt this discriminated against her due to pregnancy. UPS claimed that they had not discriminated on the basis of pregnancy; rather they had treated all other claims for light duty under the same standard.

The “harassing, stalking, disturbing, and menacing” plaintiff lost her discrimination case. Go figure.

The Employer Handbook

So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. Ironically, ‘disability’ was one of the only discrimination boxes not checked in this case.

2nd Circuit Rules Title VII Bars Sexual Orientation Discrimination

HR Daily Advisor

Circuit Court of Appeals has reversed course, ruling on February 26 that discrimination based on sexual orientation amounts to discrimination based on sex in violation of Title VII of the Civil Rights Act of 1964. Previously, a panel of the 2nd Circuit had declined the opportunity to reconsider past precedent and continued to hold that sexual orientation discrimination isn’t actionable under Title VII. The 2nd U.S.

It just got a little easier to charge you with discrimination

HR Morning

Now, even if you’re trying to help individuals work for your company, you could be charged with discrimination. . Treating workers differently in either process could now lead to charges of national origin discrimination or citizenship status discrimination. ” Under previous regulations, an employer could only be charged with discrimination in the employment verification process if the employer’s intent was to harm an individual.

Supreme Court cases focus on Title VII sex discrimination expansion

Business Management Daily

On October 8 it will hear three cases that test the limits of Title VII’s sex discrimination clause. The justices will consider whether sexual orientation and transgender discrimination are illegal sex discrimination under Title VII. It may also expand discrimination protection based on sex stereotypes to include transgender discrimination. What is sex discrimination? It bars discrimination “because of sex.”

Supreme Court Won't Resolve Pay Discrimination Dispute Over Salary History

SHRM Resources

The question presented on the request to review the decision was whether prior salary is a "factor other than sex" that can justify a pay disparity under the fourth catchall exception. On July 2, 2020, the U.S. Supreme Court declined to review the Ninth Circuit's decision in. Rizo v.

Why HR Should Be Present at Employee Termination Meetings

HR Daily Advisor

If it’s not HR, is HR always present? The answers to these questions vary by organization—and may even vary within an organization—but there are some good arguments why an HR representative should be present for any termination meeting. Here are a few: Having HR in the room helps to ensure leaving employees are treated in a consistent manner, which can reduce the chances of a future discrimination claim.

What is intersectional discrimination and why should you care?

OmegaHR Solutions

The EEOC has issued new guidance on national origin discrimination. This is an EEOC (Equal Employment Opportunity Commission) term that has received new emphasis in the PROPOSED Enforcement Guidance on National Origin Discrimination document released in early June. Intersectional discrimination. Intersectional discrimination “ occurs when someone is discriminated against because of the combination of two or more protected bases (e.g.

Can your business dodge an EEOC discrimination claim by closing and opening under a new name?

The Employer Handbook

Equal Employment Opportunity Commission sued a restaurant in Michigan, claiming that it engaged in sex discrimination toward its female employees by subjecting them to sexual harassment and maintaining a hostile work environment. discrimination.” Image by GraphicMama-team from Pixabay.

Sybil Randolph Presents on Applicant Management Issues at Austin ILG

Berkshire Associates

Sybil Randolph, SPHR, SHRM-SCP will present "Understanding the Uniqe Applicant Management Obligations of Federal Contactors and Subcontractors" to attendees of the Austin ILG meeting on July 14. Applicant Tracking Recruitment Process Affirmative Action HR Training Events Sex Discrimination

New Jersey just banned NDAs in discrimination, retaliation, and hostile work environment settlements

The Employer Handbook

Well, it appears as though I may need to update my PowerPoint for a local New Jersey SHRM conference at which I am presenting tomorrow. Put simply, employees will always be able to discuss claims arising under New Jersey’s Law Against Discrimination, including how much your business paid them to settle those claims. Discrimination and Unlawful Harassment New JerseyImage Credit: Pixabay.com ([link].

6th Circuit Rules Title VII Prohibits Transgender Discrimination

HR Daily Advisor

The former employee, a funeral director, had presented as a man for several years during her employment at the funeral home. In 2013, she told the owner she planned to present at work as a woman, wearing appropriate business attire. The employee filed a charge of sex discrimination with the EEOC, which ultimately brought a lawsuit against the funeral home in federal district court, claiming discrimination based on sex and gender identity.

Marijuana Laws & Disability Discrimination: What Employers Need to Know


Marijuana Laws & Disability Discrimination: What Employers Need to Know Apr. We want to emphasize an aspect of these cases that we believe indicate where medical marijuana (and the prescription drug abuse crisis) are driving this corner of employment law – state disability discrimination laws. Noffsinger sued alleging, among other things, that the Company violated PUMA’s anti-discrimination provisions.

Discrimination against breastfeeding employee leads to jury verdict

HR Daily Advisor

And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination “on the basis of pregnancy, childbirth, or related medical conditions” since 1978. Hicks resigned the same day she was presented with those options. Hicks filed a lawsuit asserting pregnancy discrimination, constructive discharge, and FMLA retaliation claims. The post Discrimination against breastfeeding employee leads to jury verdict appeared first on HR Daily Advisor.

Marijuana Laws & Disability Discrimination: What Employers Need to Know


We want to emphasize an aspect of these cases that we believe indicate where medical marijuana (and the prescription drug abuse crisis) are driving this corner of employment law – state disability discrimination laws. Now that same Court had ruled that the employer violated the anti-discrimination provisions of PUMA when it withdrew its offer of employment due to the applicant’s status as a medical marijuana patient. [3].

Social media, discrimination and the royal family


The claimant, Angela Gibbons, brought claims of unfair dismissal, wrongful dismissal and belief discrimination following her dismissal. It must be a belief, not an opinion or viewpoint based on the present state of information available. Following the guidelines, the tribunal found that Ms Gibbons’ belief was indeed a genuine belief against which its holders should be protected from discrimination. She brought claims of direct and indirect belief discrimination.

A valuable lesson on what’ll get you sued for sex discrimination

HR Morning

So why in the world was her sex discrimination lawsuit allowed to stand? . Court of Appeals for the 11th Circuit, she’d presented enough evidence that her gender may have been a “motivating factor” in her termination. Still, after her termination, she filed a sex discrimination lawsuit. Discrimination & Harassment Special Report lawsuit sex bias sex discriminationThis employee committed workplace misconduct and was fired.

Six Tips To Overcome Age Discrimination At Work

Forbes Coaches Council

Present yourself as a person of impact with skills and wisdom. Concentrating on your positive attributes will take attention away from your perceived negative attributes

Weeds Versus Flowers: changing the doctrine of discrimination

Thrive Global

There are people who still believe that these are isolated incidents when presented with the undeniable truth. How did a weed become a weed and not a flower? I was pulling out weeds from our sidewalk today. As I ripped these living organisms from the unyielding soil, I felt somewhat guilty.

Terminated Problem Employee Points to Discrimination, Retaliation as True Motives

HR Daily Advisor

Alleged Discrimination and Retaliation. Ted filed a lawsuit against Trane after the termination of his employment asserting claims of discriminatory discharge based on his disability under the New Jersey Law Against Discrimination (NJLAD), retaliation for making a workers’ compensation claim, and retaliation for requesting medical leave in violation of the Family and Medical Leave Act (FMLA). The U.S.

Another court holds that LGB discrimination is sex discrimination under federal law

The Employer Handbook

Oh, right, you’re here to learn about sexual-orientation discrimination. The real Tuesday highlight was getting to present a webinar on the latest developments in LGBT workplace rights with EEOC General Counsel P. Title IX prohibits discrimination in educational programs and other activities receiving federal financial assistance. Rather, claims of sexual orientation discrimination are gender stereotype or sex discrimination claims.

Price tag for training policy that led to sex discrimination in hiring: $3.1 million

HR Morning

A new lesson in hiring from the EEOC: You can’t get away with discriminating against a specific group of applicants by improperly structuring your training program. . The payments follow an earlier court order finding that the company violated federal law by discriminating against female truck driver applicants when it required that they be trained only by female trainers.

Disability discrimination: what does case law tell us?


Mrs Nissa had been suffering with symptoms since December 2015 until her resignation in August 2016, meaning her condition had been present – but undiagnosed – for approximately eight months when she resigned. The council dismissed him after an investigation and Mr Wood brought a claim for disability discrimination, because he argued that the incident was “arising from” his disability. The post Disability discrimination: what does case law tell us?

Social media, discrimination and the royal family


The claimant, Angela Gibbons, brought claims of unfair dismissal, wrongful dismissal and belief discrimination following her dismissal. It must be a belief, not an opinion or viewpoint based on the present state of information available. Following the guidelines, the tribunal found that Ms Gibbons’ belief was indeed a genuine belief against which its holders should be protected from discrimination. She brought claims of direct and indirect belief discrimination.

When Is a Discrimination Complaint against a Manager an Act of Harassment?

HR Daily Advisor

What if a manager accused of unlawful discrimination based on employees’ religion asserts that the complaint itself is an act of harassment? My Manager Discriminates Based on Religion. On March 17, 2011, Arave’s attorneys sent a letter to Bank of America complaining of religious discrimination and retaliation. On March 29, 2011, Arave resigned and later filed suit against the bank, Holsinger, and Anderson for religious discrimination, harassment, and retaliation.

updates: the secret Santa underwear gift, the discriminating boss, and more

Ask a Manager

I wrote to you in November about my colleague (let’s call him Andy) who thought it was a good idea to give underwear as a present for Secret Santa. The first thing he said is that the presents should all be safe for work and good spirited. My boss is discriminating against my pregnant employee. Here are three updates from people who had their letters answered here in the past. My coworker is giving a colleague underwear in our Secret Santa.

AI is not a Quick-Fix Solution for Discrimination


However, the emergence of AI has sparked a fascinating and important debate: Do machines making decisions that were once made by humans reduce or even eliminate discrimination—or can they actually increase bias? Bischoff and Bussing, a San Francisco-area lawyer who writes frequently on employment issues, presented a session with similar wording in its title—“How AI Technology Can Eliminate or Amplify Bias”—at the recent HR Technology Conference held in Las Vegas.

EEOC Steps Up Data Collection on Discrimination


In case you missed this bit of news on your rush out the door to start your weekend last Friday: In an effort to improve the information available about religious discrimination, the U.S. These changes, the agency says, will allow it to collect more precise data about the religion of the individual alleging discrimination – allowing the EEOC, as well as the public, to recognize and respond to trends in charge data. discrimination EEOC employment law HR profession

Tennessee Federal Court Finds Title VII Doesn’t Prohibit Sexual Orientation Discrimination

HR Daily Advisor

As we’ve discussed in previous articles, federal courts across the country are struggling with whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on someone’s sexual orientation. The district court granted Dynamic’s motion and carved out the portion of Underwood’s lawsuit in which she alleges she was discriminated against because of her sexual orientation.

NJ advances bill that would ban confidentiality provisions in any settled discrimination claim

The Employer Handbook

I had a great time presenting. Senate Bill 121 ( here ) would make it unlawful for an employer to enforce any employment contract or settlement agreement against an employee, where the agreement has the purpose or effect of concealing the details relating to any claim of discrimination, retaliation, or harassment. So, why would an employer ever agree to settle a discrimination case on such one-sided terms? . Discrimination and Unlawful Harassment New Jersey