Sex Discrimination Archives - Page 2 of 3

Fourth Circuit Rejects Professor's Pay Discrimination Claim

Eric Paltell

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...

Randi Klein Hyatt

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,...

Randi Klein Hyatt

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...

Eric Paltell

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...

Randi Klein Hyatt

01/11/2018

Employment Discrimination, Gender Identity, Sex Discrimination, Sexual Orientation

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 courts and to provide practical pointers to businesses who face LGBTQ issues in the workplace, can be...

Kollman & Saucier

08/11/2017

Employment Discrimination, Gender Identity, Sex Discrimination, Sexual Orientation

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 that sexual orientation is not – nor should be – a protected category under Title VII. Last week, the...

Darrell VanDeusen

07/05/2017

Sex Discrimination

Last Sunday’s print New York Times’ article by Claire Cain Miller titled “When Job Puts Sexes Together, Workers Cringe” (found online as “It’s Not Just Mike Pence. Americans Are Wary of Being Alone With the Opposite Sex,” https://www.nytimes.com/2017/07/01/upshot/members-of-the-opposite-sex-at-work-gender-study.html), reminded me of a scene from When Harry Met Sally. No, not THAT scene. This scene: Harry: You realize, of course,...

Clifford Geiger

08/22/2016

Agency Activity, Employment Discrimination, Sex Discrimination, Sexual Orientation

On August 18, 2016, a federal district court ruled that a Michigan funeral home did not violate Title VII by firing a transgender employee, who was transitioning from male to female, because the employee intended to “dress as a woman” at work. EEOC v. R.G. & G.R. Funeral Homes, Inc., E.D. Mich., No. 14-13710, 8/18/16 The U.S. District Court for the Eastern District of Michigan ruled the funeral home was entitled to a religious exemption...

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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

LGBTQ Protections and Best Practices Under Title VII

The Saga Continues for Title VII and Transgender Identity

It’s That Scene from When Harry Met Sally…

Court Rules Against EEOC On Transgender Discrimination Claim

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Category: Sex Discrimination

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