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Sex Discrimination

Court Rules U.S. Women’s World Cup Champions Can’t Get More Than They Bargained For, Dismisses Equal Pay Claim

The U.S. women’s soccer team suffered a rare defeat on Friday when a federal court in California dismissed the team’s claims against the U.S. Soccer Federation alleging wage discrimination based on sex.  You can read the decision here. In support of the women’s equal pay lawsuit filed in March of last year, the team argued […]

Maryland’s Equal Pay Law: Are You In Compliance?

Watching the U.S. Women’s National Team play in and win the World Cup this past weekend took me right back to my own days of competitive girls’ soccer.  But nostalgia wasn’t the only thing that came to mind as the win brought additional attention to the Team’s recent lawsuit for equal pay.  That lawsuit, filed […]

Lactating KFC Employee Able To Use Denial Of Proper Place To Express Milk As Evidence In Her Sex Harassment Claims

The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for up to one year after the child’s birth.  Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from […]

Not Just “Meat Counter Culture”: When Same-Sex Harassment Violates Title VII

Most of the time, the stories of workplace sexual harassment we hear about consist of conduct occurring between men and women.  Yet Title VII’s ban on discrimination because of sex encompasses same-sex harassment in the workplace as well.  Such was the lesson learned for a Chicago, Illinois grocery store that had justified the harassment of […]

A Case of Pregnancy and Pretext

How do courts handle cases of alleged pretextual behavior designed to cover up discriminatory actions? A recent Tenth Circuit decision sheds a little light on this issue. Fassbender v. Correct Care Solutions, LLC, No. 17-3054 (10th Cir. May 15, 2018). Alena Fassbender worked for Correct Care Solutions (CCS) as a medication aide at a Kansas […]

Federal Court Dismisses Discrimination Claim for Failure to Show Disparate Treatment

A Lousiana federa court dismissed a sex discrimination claim brought by a former UPS manager because he failed to show that the company treated similarly situated female employees  better than him.  Williams v . UPS, No. 16-450-SDD-RLB (M.D.La. 5/11/18).  The decision reinforces the importance of proving that a discrimination plaintiff was treated  differently than persons […]

LGBTQ Protections and Best Practices Under Title VII

We are pleased to announce that Darrell VanDeusen and Alex Berg’s recent article on “LGBTQ Protections and Best Practices under Title VII” has been published on Lexis Practice Advisor and Law360 (subscriptions required). A copy of the article, which is intended primarily to inform employers about the current state of the law across federal appellate […]

The Saga Continues for Title VII and Transgender Identity

Much like Star Wars fans anticipate the rolling out of Episode after Episode, I have observed the developing landscape of Title VII sex discrimination with the sort of excitement that ordinarily warrants a big tub of popcorn.  The most recent activity is no exception. Two weeks ago, we reported on the Department of Justice’s statement […]