Sex Discrimination Archives - Page 2 of 3

Sex-Plus Age Claim Viable Under Title VII

Kollman & Saucier

07/31/2020

In Frappied v. Affinity Gaming Black Hawk, the U.S. Court of Appeals for the Tenth Circuit became the first federal appeal s court to recognize that Title VII of the Civil Rights Act 1964 permits “sex-plus age” claims. The case arose from a lawsuit filed against a gaming company. The eight female plaintiffs alleged the casino for which they worked discriminated against women over 40 years old, and they brought several claims, including...

Kollman & Saucier

06/16/2020

Employment Discrimination, Same-Sex Marriage, Sex Discrimination, Supreme Court Decisions

In a landmark 6-3 decision, the Supreme Court ruled on Monday that Title VII protections extend to gay and transgender employees. The Bostock case was a consolidation of three cases wherein an employee was terminated for being homosexual or transgender. Gerald Bostock was fired shortly after joining a gay recreational softball league. Donald Zarda was terminated shortly after he announced being gay. Aimee Stephens was fired after informing her...

Kollman & Saucier

05/05/2020

Employment Discrimination, Sex Discrimination

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 that the collective bargaining agreements for the men’s and women’s U.S. soccer teams established -- as a matter...

Kollman & Saucier

07/11/2019

Employment Discrimination, Gender Identity, Legal Developments, Sex Discrimination, State Law

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 in March, generally alleges that the players on the Women’s National Team (“WNT”) are paid less than the players on...

Kollman & Saucier

03/25/2019

Business Law, Sex Discrimination, Virginia Employment Law

On March 18, 2019, the United States Court of Appeals for the Fourth Circuit affirmed a grant of summary judgment to Virginia State University, rejecting a sociology professor’s claims that she was paid less than two male colleagues because she is a woman. The Court agreed with Senior District Court Judge Henry Hudson that the disparity in pay was the result of differences in job responsibilities, as well as the fact that the men had both been...

Kollman & Saucier

02/14/2019

Lactation In The Workplace, Sex Discrimination, Sexual Harassment

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 coworkers and the public, which may be used by an employee to express breast milk. While a potential violation of the FLSA...

Kollman & Saucier

08/10/2018

Damages, Employment Discrimination, Sex Discrimination, Sexual Harassment, Supervisor Liability

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 male butcher as mere “meat counter culture” in Smith v. Rosebud Farm, Inc., Case No. 17-2626,...

Kollman & Saucier

05/23/2018

Employment Discrimination, Pregnancy Discrimination, Pretext, Sex Discrimination

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 detention center. Fassbender was pushing her medication cart down one of the center’s cell blocks on April...

Kollman & Saucier

05/16/2018

Employment Discrimination, Sex Discrimination

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 outside their protected group to get a case to trial. In Williams, UPS...

Kollman & Saucier

01/17/2018

Employment Discrimination, Sex Discrimination

Last week, the Fourth Circuit issued a favorable decision for the EEOC in a case the federal agency brought against the Maryland Insurance Administration (“MIA”) for violations of the Equal Pay Act (“EPA”). United States EEOC v. Md. Ins. Admin., 2018 U.S. App. LEXIS 298 (4th Cir. Jan. 5, 2018). The Underlying Case The lawsuit grew from three female MIA Fraud Investigators’ complaints that they made less money than male Fraud...

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Sex-Plus Age Claim Viable Under Title VII

Supreme Court Rules That Gay and Transgender Employees Are Protected Under Title VII

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

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

Fourth Circuit Rejects Professor's Pay Discrimination Claim

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

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

A Case of Pregnancy and Pretext

Federal Court Dismisses Discrimination Claim for Failure to Show Disparate Treatment

Fourth Circuit Allows EEOC to Proceed with Equal Pay Claim

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Category: Sex Discrimination

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