Back in 2020, the Supreme Court held in Bostock v. Clayton County that discrimination based on sexual orientation or gender identity is prohibited by Title VII of the Civil Rights Act of 1964. Recently, the Equal Employment Opportunity Commission issued guidance on...
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Employee Title VII Claims
Fourth Circuit Case Expands the Definition of Same-Sex Harassment
In Oncale v. Sundowner Offshore Services, the Supreme Court recognized the viability of same-sex harassment cases under Title VII of the Civil Rights Act of 1964, and outlined three different forms of same-sex harassment: 1. An employee is subjected to unwanted sexual...
Federal Court Rules that Ban on “Black Lives Matter” Masks Not a Violation of Title VII
As we previously blogged, political speech in the workplace can be a tricky issue, and employers and employees should both be aware of when political expression is, and is not, acceptable at work. Recently, a federal court in Massachusetts dismissed a lawsuit brought...
Do You Think You’re Facing National Origin Discrimination At Work?
In the United States, it is illegal for most employers to discriminate against someone based on their national origin. National origin is a protected class under U.S. law, as are: Race Color Gender Religion Age (40 and older) Disability Pregnancy Genetic information...
Law Doesn’t Require Employee’s Requested Religious Accommodation
When an employee requests a religious accommodation to an employment policy, the law only requires the employer to offer a reasonable accommodation that protects the employee's religious interests. It does not require employers to provide the specific accommodation...
Banned In 1971, Pregnancy Discrimination Is Still A Big Problem
If you have been following the Democratic presidential race at all, you may have heard Elizabeth Warren's claim that, in 1971, she was forced out of a job as a teacher because she was pregnant. At that time, pregnancy wasn't a characteristic protected by federal...
Study: More Women Enter STEM Fields, Retention Still A Problem
The so-called STEM fields -- science, technology, engineering and math -- have long been dominated by men, but substantial efforts have been made over the past decades to recruit more women. A new study says those efforts have been successful, but more needs to be...
Female Oracle Employees Sue For Gender-Based Pay Discrimination
Three women from Oracle Corp. allege that the database company systematically pays men more than women. They are seeking class-action status so they can represent over 4,000 other women who may be affected, but class-action status can be hard to achieve, especially in...
Can A Paid Parental Leave Policy Discriminate Against Fathers?
Yes, and that would be illegal. While discrimination against women is more common, our country's anti-discrimination laws are gender-neutral. Under Title VII of the Civil Rights Act of 1964, it's illegal for employers to discriminate "because of sex," and that...
Women In Commercial Fishing Take Sexual Harassment Into Own Hands
The Alaska State Commission for Human Rights says that it doesn't receive more complaints about sexual misconduct in commercial fishing than in other industries. However, women who work in the industry suspect the problem is all too common in the male-dominated field....