Tag: Title VII of the Civil Rights Act of 1964

EEOC issues bathroom guidelines for transgender employees

by Charlie Plumb Last summer, the Occupational Safety and Health Administration (OSHA) released its “Best Practices: A Guide to Restroom Access for Transgender Workers.” In a nutshell, the OSHA publication stated that transgender employees should have access to the restroom that corresponds to their gender identity rather than to their birth gender.  Presumably in response […]

Biased bias: when protected classifications intersect

by Connor Beatty If your company regularly interviews and hires qualified female applicants for all available positions, you may think the company is in a strong position to defend against gender discrimination lawsuits filed by rejected applicants. Similarly, if your company refrains from asking applicants about their age and interviews and hires applicants who happen […]

When worlds collide: religious freedom laws and LGBT protections

by Brent E. Siler When the U.S. Supreme Court ruled that the U.S. Constitution prohibits states from banning gay marriage last year, many people who oppose same-sex marriage for religious reasons began worrying that the newly recognized constitutional right to gay marriage would conflict with their right to religious freedom. As a result, several state […]

U.S. women’s soccer team’s EEOC charge spotlights wage discrimination issues

Pay equity issues have attracted significant attention recently in political debates, state legislatures, and courtrooms. The latest venue for the conversation: the fields dominated by the U.S. women’s soccer team. In late March, five prominent members of the team filed a wage discrimination complaint against their employer, the U.S. Soccer Federation (USSF), with the Equal […]

4th Circuit ruling favors transgender student

by Rachael Luzietti After the Norfolk federal district court refused to order the Gloucester County School Board to grant the student’s request, he appealed to the U.S. 4th Circuit Court of Appeals (whose rulings apply to all Virginia employers). Recently, the appeals court reversed the district court’s decision and issued a ruling favorable to the […]

Prayer breaks present difficult religious accommodation issues

by Steven T. Collis Recent news stories describe the tension between Muslim workers seeking multiple prayer breaks at specified times throughout their workday and employers that need those workers on the assembly line. Many Muslim employees have walked off the job, claiming their prayer break requests have been unlawfully denied. With so much coverage of […]

discrimination

The wrong way to diversify a workforce

by Lynn M. Mueller According to the 8th Circuit, three officials of the St. Louis Metropolitan Police Department who were seeking a diverse workforce violated Title VII of the Civil Rights Act of 1964 when they rejected a white male sergeant in favor of a black female sergeant for a transfer to an equivalent position […]

Muslim teacher may proceed with national origin harassment claim

by Emily Hobbs-Wright A Turkish-born Muslim teacher claimed that her school had a culture of racial and ethnic hostility. The U.S. 10th Circuit Court of Appeals (whose decisions apply to Colorado employers) recently ruled that her complaints of national origin discrimination may move forward. This case offers several lessons on how to handle cultural differences […]

Equal pay issues gaining attention

by Gesina (Ena) M. Seiler The concept of equal pay for equal work is receiving attention from the Equal Employment Opportunity Commission (EEOC), President Barack Obama, and the 2016 candidates for president. That means there’s no better time than the present for a review of what “equal pay” does and doesn’t mean, recent amendments to […]

Employers See Dramatic Rise in Pregnancy Discrimination Claims

The Pregnancy Discrimination Act (PDA) is back in the news as the U.S. Supreme Court considers whether AT&T violated the Act by paying reduced pension benefits based on uncredited pregnancy leave taken before enactment of the PDA in 1978. That upcoming decision may influence whether companies have to change their policies retroactively to comply with […]