This fall, the Supreme Court will hear argument in three cases to decide whether Title VII’s coverage of sex discrimination also implicitly protects LGBTQ employees from discrimination. Last week, the EEOC filed its brief in the cases, making a startling argument in favor of legalizing not just LGBTQ discrimination, but all sex discrimination.
Thursday, August 22, 2019
The EEOC asks the Supreme Court to legalize sex discrimination
This fall, the Supreme Court will hear argument in three cases to decide whether Title VII’s coverage of sex discrimination also implicitly protects LGBTQ employees from discrimination. Last week, the EEOC filed its brief in the cases, making a startling argument in favor of legalizing not just LGBTQ discrimination, but all sex discrimination.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, August 6, 2019
It is an inexcusable sin for an employer NOT to have an anti-discrimination policy
There are some employment policies that you can get away with not having. An anti-discrimination policy is not one of them.
In Hubbell v. FedEx SmartPost (decided yesterday by the 6th Circuit), FedEx learned this lesson the hard way.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, July 29, 2019
#MeToo hasn’t killed the office romance, just the inappropriate ones
According to the National Review, #MeToo killed the office romance.
It must be a brave soul who dares to strike up a flirtatious conversation at the workplace microwave these days. Only ten percent of Americans report having met their mate at the office, a level that is half what it was in the 1990s.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, July 22, 2019
Parental discrimination claims pose big risks for employers
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, July 8, 2019
Why, yesterday, in France was a stadium full of people chanting “EQUAL PAY?”
Indisputable fact no. 1: Women and men should earn the same pay for the same work.
Indisputable fact no. 2: The players on the United States women’s national soccer team earn substantially less than their counterparts on the men’s team.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, June 3, 2019
Thorough internal investigation saves employer from discrimination claim
Open and shut discrimination case? Not quite.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, May 16, 2019
Abortion discrimination = pregnancy discrimination
Thanks to, among other states, Alabama, Georgia, and Ohio (sorry about that last one), the debate over abortion is raging. Suppose you are staunchly anti-abortion, and you learn that one of your employees is considering, or has had, an abortion. Can you fire her?
Thus far, three courts have looked at this issue, and all three courts have all reached the same conclusion.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, February 14, 2019
When the rumor mill creates a sexually hostile work environment
Just in time for Valentine's Day, I bring you the story of a employee rumored to be sleeping with her boss to get a promotion. She wasn't, but the workplace rumor mill sure thought she was.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, January 16, 2019
Gillette's toxic masculinity ad isn't the problem; toxic masculinity is the problem
Gillette is facing a lot of praise, and a lot of backlash, over its recent ad slamming toxic masculinity culture.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, January 9, 2019
What does it mean for jobs to be "substantially equal" under the Equal Pay Act?
The Equal Pay Act requires that an employer pay its male and female employees equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Substantial equality is measured by job content, not job titles.
The Act is a strict liability law, which means that intent does not matter. If a women is paid less than male for substantially similar work, then the law has been violated, regardless of the employer's intent.
A recently filed case out of Boston delves into these issues.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, September 4, 2018
Training won't fix stupid
A fast-food restaurant fired a recently hired employee after its manager learned she was pregnant.
How do we know this was the manager's reason for the termination? Because he texted it to the employee (which she later posted on Facebook).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, August 28, 2018
Temporary employees have permanent legal rights
Temporary employees do not leave their legal rights at your door. In fact, they enjoy the same rights as your permanent employees.
Consider, for example, EEOC v. Massimo Zanetti Beverage USA, in which an employer recently agreed to pay $65,000 to settle claims brought by a temporary employee that she was subjected to a sexually hostile work environment and fired after repeatedly complaining about it.
The allegations are not pretty.
LaToya Young began working as a temp at Massimo Zanetti in late January 2015. Within 10 days of starting her placement, a male co-worker began making sexually harassing comments to her:
- Telling Young that he had "blue balls" and asking her "Why don’t you help me out with that?"
- Telling Young that he wanted to "suck [her] bottom lip."
- Telling Young that he wanted to have sex with her, often using lewd language.
- Telling Young that he imagined himself engaging in sexual relations with her.
- Telling Young that he would "ball [her] up like a pretzel" and would "have [her] screaming."
- Grabbing his groin area while looking directly at her.
- Blowing kisses at her.
- Licking his lips and biting his bottom lip while looking at her.
Young complained three times to her supervisor. The harassment continued unabated after the first complaint. After the second complaint, Young alleges that her supervisor warned her that going to HR "would jeopardize her employment." After the third complaint, she was fired.
Take heed of this lesson. Your temporary employees have the same civil rights as your permanent employees.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, August 23, 2018
Dirty Harry, the worst recruiter ever
After yesterday's detective novel of a post, I thought I'd go with something light and airy today (if you consider watching Dirty Harry conduct a job interview of a female interviewee, while sharing his views on feminism and job quotas, light and airy).
My worst job interview? The interviewer forgot my appointment, and never showed up to work. It all worked out in the end. I came back a week later, and that's how I got my first job after law school.
What's you job interview horror story? Share in the comments below, and I'll pull the best (or the worst?) for a future post.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, May 1, 2018
No one should ever have to choose between their children and their job
Three female associates at Morrison & Foerster have filed an alleged $100 million class-action sex discrimination lawsuit against the firm. They claim that their employer “mommy tracks” lawyer moms working at the firm by denying them opportunities for advancement and higher pay.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, April 30, 2018
Hair discrimination; not a thing
Give me a head with hair, long beautiful hair
Shining, gleaming, steaming, flaxen, waxen
Give me down to there hair, shoulder length or longer
Here, baby, there, momma, everywhere, daddy, daddy
Hair, hair, hair, hair, hair, hair, hair, hair
Flow it, show it, long as God can grow it, my hair
Friday’s tongue in check post about the beauty of baldness got me thinking about hair and employment law.– “Hair”
Or, more to the point, can an employer run afoul of discrimination laws by making an employment decision based on one’s hairstyle?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, April 19, 2018
If you weren’t angry about the fired Saints cheerleader before, you will be now.
Remember Bailey Davis? She’s the New Orleans Saints cheerleader fired for violating the team’s social media policy.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, April 11, 2018
The other side of diversity
Photo by Igor Ovsyannykov on Unsplash |
One side says that employers cannot discriminate against minorities. The other says that employers cannot discriminate against non-minorities in favor of minorities.
Some people call this reverse discrimination. I just call it discrimination.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, March 27, 2018
Let’s all try to remember to have gender-neutral employment policies
Photo by NeONBRAND on Unsplash |
The Saints fired Davis after it claimed she violated a rule prohibiting cheerleaders from appearing in photos nude, semi-nude, or in lingerie. She had posted a photo of herself in a one-piece outfit to her private Instagram.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, March 13, 2018
Tattoos at work: more acceptance, yet still some legal risk
By ABC TV [Public domain], via Wikimedia Commons |
In fact, according to one recent survey, 3 in 10 Americans have at least one tattoo, up 50% in just four years. And, the younger you are, the more likely you are to sport a tattoo: 47% of millennials have a tattoo, as compared to 36% of gen Xers and only 13% of baby boomers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, February 19, 2018
NLRB dismisses James Damore charge against Google—complaints about too much diversity are not protected
According to the NLRB, the answer, at least under federal labor law, is yes, the termination is legal.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.