Tag – Gender Identity: Employment & Labor Insider

Posts tagged Gender Identity.

Why the EEOC believes Title VII bans sexual orientation bias

By Robin Shea on 1.8.16
Posted in Discrimination, ENDA, Gender Identity Discrimination, Harassment

The Equal Employment Opportunity Commission filed a "friend of the court" brief in a sexual orientation discrimination appeal, arguing that sexual orientation discrimination is "sex discrimination" prohibited by Title VII. (Thanks to EEOC General Counsel David Lopez for alerting me.)

I am a skeptic on this subject. Title VII was enacted in 1964, and legend has it that sex ...

Male minister who won't wear makeup sues for religious bias

By Robin Shea on 12.16.15
Posted in Discrimination, Gender Identity Discrimination

Boy, the Detroit area seems to be in the front lines for the gender-identity wars.

As I've previously reported here, here, here, and here, the Equal Employment Opportunity Commission has a high-profile gender-stereotyping lawsuit going on against an area funeral home chain based on its discharge of a transgender employee. The funeral home is represented by the Alliance Defending ...

EEOC wins most of discovery dispute in transgender case

By Robin Shea on 9.25.15
Posted in Discrimination, Gender Identity Discrimination

In July, I posted about a discovery dispute in the transgender lawsuit going on in the Detroit area. The Equal Employment Opportunity Commission has sued a funeral home for discriminating against Aimee Stephens, a transgender woman.

The Defendants, represented by the Alliance Defending Freedom, had served discovery on the EEOC, seeking intimate details about Ms. Stephens's ...

How much, er, discovery is allowed in a transgender lawsuit?

By Robin Shea on 7.31.15
Posted in Gender Identity Discrimination

Well, this should be interesting.

As I've reported before, the Equal Employment Opportunity Commission has sued a funeral home chain in the Detroit area for terminating Aimee Stephens, a transgender woman, because she failed to conform to male sex stereotypes.

The defendants moved to dismiss the lawsuit, but their motion was denied in April.

After the court ruled that the case would go ...

Five harassment "must haves" for employers

By Robin Shea on 5.29.15
Posted in Harassment

Maybe it's just me, but workplace harassment issues seem to come in waves -- I'll go months, or even a year, without an issue, and then WHAM! everybody has a "situation," or at least they need to get their preventive training done.

Right now, we're in a bit of a "flash flood," so I thought it might be a good time to review the basics, with some updates.

WHAT ARE THE FIVE HARASSMENT ...

EEOC transgender case in Detroit will go forward

By Robin Shea on 4.24.15
Posted in Civil Procedure, Discrimination, Gender Identity Discrimination

As our readers know, the EEOC filed two lawsuits last fall against private employers, alleging discrimination against transgender individuals: one case against a medical practice in Florida, and the other against a funeral home operation in the Detroit area.

And as I reported last week, the Florida case settled for $150,000 plus some training and other non-monetary terms.

One of EEOC's first transgender lawsuits has settled

By Robin Shea on 4.15.15
Posted in Discrimination, Gender Identity Discrimination

Last September, I posted that the EEOC had filed its first two lawsuits against private employers alleging discrimination based on gender identity.

The EEOC announced this week that one of the lawsuits -- against Lakeland Eye Clinic of Florida -- has settled. The Clinic has agreed to make two payments of $75,000 to Brandi Branson, who had been the Clinic's Director of Hearing Services ...

EMPLOYMENT LAW BLOG CARNIVAL: April Fools' Edition

By Robin Shea on 3.18.15
Posted in Americans with Disabilities Act, Discrimination, eLaw, Employment Law Blog Carnival, ERISA, Family and Medical Leave Act, Gender Identity Discrimination, Labor Relations, Lactation, Protected Concerted Activity, Retaliation, Safety, Same-sex marriage, Social media, Wage-Hour

(St. Patrick's Day is sooooo nine hours ago!)

Ever looking to the future, we celebrate the coming April Fools' Day with this month's greatest employment law blog posts. Some of my summaries are accurate, and others are "fools' editions" - you'll have to read the actual posts to know which is which. There are so many excellent posts that I'm listing them in alphabetical order by ...

15 for '15: Employment and labor resolutions for the new year

By David Phippen of our Metro D.C. Office.

While the year is still young, here are 15 New Year's resolutions that employers may want to make:

1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest.

2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)

It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square!

5 legal traps for the wariest employer

By Robin Shea on 12.5.14
Posted in Affirmative Action, Americans with Disabilities Act, Employment at Will, Family and Medical Leave Act, Gender Identity Discrimination, Harassment, Protected Concerted Activity, Retaliation, Wage-Hour

You're an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers:

Trap No. 5: Capturing all time worked for your non-exempt employees. We get so accustomed to exempt employees who answer emails at all hours and handle business while driving to and from ...

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