Fourth Circuit Rejects Professor's Pay Discrimination Claim

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...
read more

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

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

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

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

Fourth Circuit Allows EEOC to Proceed with Equal Pay Claim

Kollman & Saucier
Kollman & Saucier
01/17/2018
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...
read more

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

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

It’s That Scene from When Harry Met Sally…

Darrell VanDeusen
Darrell VanDeusen
07/05/2017
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,...
read more

Court Rules Against EEOC On Transgender Discrimination Claim

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...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Loading