Sex Discrimination Archives - Kollman & Saucier P.A.

Just a [workplace] crime of passion, messy and old fashioned.

Darrell VanDeusen

04/04/2024

I am an unapologetic Parrothead, having discovered Jimmy Buffett in the mid-1970’s. You may know some or all of “the Big 8” most played Buffett songs, but there’s a deep catalog of work spanning from 1970 until he set sail last Labor Day weekend. Bubbles up, JB. One of his early songs, “Cuban Crime of Passion” (track 5 off 1973’s A White Sport Coat and a Pink Crustacean) never charted. It tells the story of piano player Billy...

Vincent Jackson

02/09/2024

Employment Discrimination, Sex Discrimination

Earlier this week, the former Mandalorian actress and MMA fighter Gina Carano filed suit in federal court against Disney, alleging that she was wrongfully terminated and the victim of gender discrimination due to her political posts on social media. The Complaint begins: “A short time ago in a galaxy not so far away, Defendants made it clear that only one orthodoxy in thought, speech, or action was acceptable in their empire, and that those who...

Darrell VanDeusen

08/28/2023

Employment Discrimination, Sex Discrimination

Since July 2, 1965, Title VII has made it illegal for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(1). Nowhere does the law require that the discrimination be an...

Kollman & Saucier

08/03/2023

Employment Discrimination, Hostile Work Environment, Sex Discrimination, Sexual Harassment, Sexual Orientation

To prevail on a hostile work environment claim under Title VII of the Civil Rights Act of 1964, a plaintiff must typically show that there is unwelcome conduct that is based on the plaintiff’s protected characteristic, which is sufficiently severe or pervasive to alter the plaintiff’s conditions of employment, and that the employment action is imputable to the employer. When considering whether there is a hostile work environment, courts look...

Kollman & Saucier

05/03/2022

Sex Discrimination

Better yet, don’t make employment decisions based on protected characteristics. Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on account of race, color, religion, sex, and national origin, as well as retaliation by an employer against an individual who opposes or participates in a protected activity. Disabilities are covered by the Americans with Disabilities Act. Age is covered by the Age Discrimination in...

Kollman & Saucier

02/23/2022

Sex Discrimination

On February 22, 2022, the U.S. Soccer Federation (USSF) and the U.S. Women’s National Team (USWNT) players announced an agreement that resolved a pay discrimination lawsuit that has been pending since 2019. The lawsuit alleged violations of the Equal Pay Act and Title VII because the USWNT players were paid less than their male counterparts, including receiving much smaller performance bonuses despite achieving greater on field success. The...

Vincent Jackson

02/12/2022

Public Sector Employment Law, Sex Discrimination

A New York Court recently addressed a novel question: whether a female teacher who was fired after a semi-nude picture of her became available to her employer could assert a viable equal protection clause against the school district. The plaintiff was a probationary middle school teacher in a public school. She was terminated after the school district came into possession of a semi-nude picture of her. The picture in question was a...

Darrell VanDeusen

08/25/2021

Employment Discrimination, Sex Discrimination, Sexual Harassment

When I lectured on sex discrimination and harassment to my law school students, I’d pose the following question: “does the person who didn’t (consensually) date the boss and who then didn’t get promoted have a claim for discrimination or harassment? No? But what if I just never got the chance to date them? I mean, I would have been willing to do so if I’d known that might help me advance or keep my job.” While some students...

Kollman & Saucier

07/07/2021

Sex Discrimination, Supreme Court Decisions, Virginia Employment Law

On June 28, 2021, the Supreme Court denied the Gloucester County, Virginia School Board’s petition to review Gloucester Co. Sch'l Bd. v. Grimm, No. 20-1163. The denial leaves a Fourth Circuit Court of Appeals’ s ruling intact, making it unlawful in this jurisdiction (South Carolina, Maryland, North Carolina, Virginia and West Virginia) to prohibit students from using bathroom facilities that align with their gender identity....

Kollman & Saucier

05/25/2021

Employment Discrimination, Same-Sex Marriage, Sex Discrimination, Uncategorized

The Fourth Circuit Court of Appeals last week joined several other federal appellate courts when it rejected a narrow reading of Supreme Court precedent regarding same-sex harassment claims under Title VII of the Civil Rights Act of 1964. Roberts v. Glenn Industrial Group, Inc., No. 19-1215 (4th Cir. May 21, 2021). The Fourth Circuit covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia. The case involves Glenn...

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Just a [workplace] crime of passion, messy and old fashioned.

Mandalorian Actress Files Suit Against Disney For Wrongful Termination

Fifth Circuit: Discrimination More Than “Ultimate Employment Decisions”

Former McDonald’s Employee’s Harassment Claim Fails

Don’t Refuse To Hire Someone Because Of Their Sex

U.S. Women’s Soccer Team’s Equal Pay Lawsuit Resolved

Court Allows Topless Teacher's Discrimination Claim to Proceed

“Paramour Preference” Is Not a Title VII Violation, says Ninth Circuit

Fourth Circuit Decision Protecting Transgender Student Rights Stands After Supreme Court Denies Review

Fourth Circuit Revives Same-Sex Harassment Claim

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Category: Sex Discrimination

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