Tag Archives: sex discrimination

The proper response to claims of historic sexual harassment by employees

Another day, another sex scandal. A Martian reviewing the Evening Standard could reasonably conclude that this is an issue limited to film, media and politics but there would undoubtedly be those in many less glamorous workplaces who also have stories to tell and hopefully feel empowered to do so by the flood of others coming … Continue Reading

New TUC report on sexual harassment in the workplace lacks vital statistics

It is sadly impossible to write anything critical about a report on sexual harassment in the workplace without coming over like some frightful old golf club misogynist. To be clear, therefore, none of what follows seeks to belittle the distress of those genuinely harassed at work, but balance nonetheless dictates a counter-point to the TUC’s … Continue Reading

“Ladies’ Night” promotions in Hong Kong – good business or unlawful discrimination?

The hospitality industry is no stranger to the rules prohibiting discrimination in accommodations. The average restaurant or hotel operator is fully aware that he cannot deny goods, facilities or services to a customer on the basis of gender. What appears to be less well known is that, at least in Hong Kong, the same business … Continue Reading

Equal Pay Momentum – New Jersey Senate Labor Committee Approves Proposed Equal Pay Legislation

A week ago, President Barack Obama announced further efforts by the White House and EEOC to combat gender pay equality issues. The momentum from last week’s announcement carried its way up the coast from the District of Columbia to the state legislature of New Jersey. Yesterday, New Jersey’s Senate Labor Committee approved Senate Bill 992 … Continue Reading

EEOC Internal Memo Reveals LGBT Discrimination Remains Enforcement Priority

On February 3, 2015, the EEOC’s Director of the Office of Field Programs issued a memorandum to the agency’s district directors regarding the handling of LGBT-related discrimination claims. Although Title VII does not explicitly prohibit discrimination on the basis of an employee’s identification as gay, lesbian, bisexual or transgender, the memorandum states that the EEOC … Continue Reading

A sorry state of affaires – sack your mistress or lose your family

Back in January 2013, my colleague David Whincup published a blog about an Iowa dentist who dismissed his assistant because of the threat which his wife considered her to pose to their marriage. For those happy few who have spent the last 17 months wondering what would happen in similar circumstances in the UK, wonder … Continue Reading

Impact of claimant’s dishonesty on injury to feelings compensation

So here is Friday’s teaser – let us suppose that an Employment Tribunal has just decided that you have been sexually harassed by your former boss, that he was fixated by your breasts, habitually stared at them and frequently addressed them while in conversation with you.  He has also touched you, uninvited and unreciprocated, on … Continue Reading

Male dentist fires female assistant for being too attractive and in Iowa it’s legal!

Last week the Iowa Supreme Court confirmed its earlier ruling that a male dentist’s decision to terminate his “irresistibly attractive” female assistant was not sex discrimination under Iowa law.  Despite their 10 years of working together, the dentist, James Knight, claimed the firing of Melissa Nelson was necessary to save his marriage since he was … Continue Reading

FHM: “Fun Harmless Magazine” or “Foul Harassing Misogyny”?

In an open letter to the Guardian, gender equality campaigners Object and UK Feminista demand that UK retailers withdraw the sale of “Lads’ Mags” life FHM and newspapers featuring “pornographic front covers” immediately.  Object have been campaigning to “Lose the Lads’ Mags” for ten years but their latest assault tackles the issue from a predominantly … Continue Reading

EEOC Ruling Recognizes Transgender Discrimination Under Title VII

The legal protections afforded transgender individuals in the workplace are relatively unclear, not to mention varied, across the country.  Currently, sixteen states (and Washington D.C.), as well as numerous cities and counties, ban discrimination based on gender expression and gender identity.  However, a federal bill, the Employment Non-Discrimination Act (ENDA), has been proposed and struck … Continue Reading

Transgender Employees Are Protected from Discrimination

Late last year, the Eleventh Circuit Court of Appeals upheld summary judgment for the plaintiff, Vandiver Elizabeth Glenn, against her employer in a sex discrimination case [pdf].  Ms. Glenn alleged that she was fired from her job because she intended to transition from male to female.  The court noted that discrimination against a transgender employee … Continue Reading

Dukes v. Wal-Mart Stores, Inc.: Round Two (Wal-Mart: 1, Plaintiffs: 0)

For the past couple years, it seemed we couldn’t avoid hearing or reading coverage on the unprecedented employment discrimination class action filed against Wal-Mart.  It has now been more than ten years since the case was filed.  Based on recent news, one cannot help but wonder whether the suit will be resolved before yet another ten years of litigation have passed.      The general background facts include:  … Continue Reading
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