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...
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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,...
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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...
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Sheryl Sandberg's "Lean In" Now A Reason For A Sex Discrimination Claim, Ironically

Kollman & Saucier
Kollman & Saucier
07/29/2016
This week, a male laboratory technologist filed a lawsuit under Title VII alleging he was denied a promotion and wrongfully terminated for inadvertent HIPAA violations, because of his sex.  Harrell lists the following as evidence of sex discrimination:  He applied for a clinical supervisor position, which was ultimate given to a female (less qualified, claims Harrell).  Female employees were permitted more travel to off-site locations. As for his...
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Maryland Significantly Changes Pay Discrimination Law with Equal Pay for Equal Work Act of 2016

On May 19, Governor Hogan signed into law the Equal Pay for Equal Work Act of 2016.  The law, which takes effect on October 1, 2016, amends the state’s existing wage discrimination law in several significant ways. Changes that Protect Employees There are several notable changes in the amendment that give broader protections to employees, including: Prohibiting pay discrimination because of gender identity.  LGBT employees are now explicitly...
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Lack of Experience Sinks Case for Wanna-Be Female Football Coach

Darrell VanDeusen
Darrell VanDeusen
04/21/2016
How can you get experience for a job if you can’t get a job to get you the experience? That was at least a part the problem for Sue Ann Easterling, according to a federal court judge in Louisiana last week.   Easterling applied for a job as a high school head football coach in Tensas Parish.  When she was not selected for the job she sued the School Board, alleging sex discrimination and retaliation because she was perceived as a litigious...
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How Many Push-Ups Can You Do?

Kollman & Saucier
Kollman & Saucier
01/19/2016
As an avid Crossfitter, I just could not resist titling this blog post this way.  Jay Bauer, however, may not love the title.  Mr. Bauer was a male special agent trainee for the FBI who failed a physical fitness test (specifically the 30 push up requirement for men).  In Bauer v. Lynch, No. 14-2323 (4th Cir. Jan. 11, 2016), he challenged that differing standards for male and female trainees (14 push-ups required for women) violates Title VII of...
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Sexual Orientation Discrimination Covered By Title VII?

David Baldwin, a Supervisory Air Traffic Control Specialist at Miami International Airport, filed a federal lawsuit because he was denied a promotion to a permanent position as a Front Line Manager.  The lawsuit filed under Title VII alleges that Baldwin was discriminated against because of his sexual orientation.  While many state laws explicitly provide that sexual orientation cannot be the basis of an employment action, Title VII does not...
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Transgender Discrimination? He Said, She Said...

Clifford Geiger
Clifford Geiger
04/01/2015
On March 30, 2015, the U.S. Department of Justice filed a complaint alleging that Southern Oklahoma State University (“University”) subjected Dr. Rachel Tudor, a professor who is transgender, to unlawful sex discrimination in violation of Title VII.  The University denies the allegations. Dr. Tudor is a male-to-female transgender professor who worked as a tenure track Assistant Professor in the University’s English Department beginning in...
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Nipple-Squeezing Manager Not Guilty of Harassment

Kollman & Saucier
Kollman & Saucier
12/09/2014
Donald Rickard worked in sales for tobacco company Swedish Match North America, Inc. (SMNA) for nearly 30 years. He retired in 2011 at 55 years old. Shortly thereafter, Rickard sued SMNA claiming, in part, that he was harassed by his supervisor, Perry Payne, because of his age and gender. Rickard v. Swedish Match N. Am., Inc., No. 13-3729 (8th Cir. Dec. 2, 2014). Rickard and Payne (age 54) did not see eye to eye. Rickard “objected to Payne’s...
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