Tag Archives: sex discrimination

Take 5 Newsletter: An Assortment of Legal Issues Hospitality Employers Should Be Considering This Year

The first quarter of 2018 has already stirred up an array of legal matters that employers in the hospitality industry should be conscious of, both in their day-to-day operations and long-term planning. In February alone, the U.S. House of Representatives passed legislation to curb lawsuits focused on the inaccessibility of brick-and-mortar business establishments and a federal appeals court ruled that discrimination based on sexual orientation violates Title VII of the Civil Rights Act of 1964 (“Title VII”). Earlier this month, the U.S. Department of Labor announced a pilot program that will allow employers to avoid potential penalties for overtime and minimum wage violations. In addition, the #MeToo movement continues to be top of mind across all industries, and hospitality employers should be vigilant in their training and employee awareness efforts. Due diligence in change-of-ownership transactions should include labor relations issues, especially with unionized employees.

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Six Circuit Finds Discrimination On the Basis of Gender Identity Violates Title VII

Our colleagues , at Epstein Becker Green, have a post on the Health Employment and Labor blog that will be of interest to many of our readers in the retail industry: “Sixth Circuit Finds Title VII Covers Discrimination Based on Transgender Status.”

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Second Circuit Rules Anti-Gay Discrimination is Sex Discrimination

In a move that could have broad national effects on gay rights in the workplace, the Second Circuit ruled that discrimination based on sexual orientation violates Title VII of the Civil Rights Act, deciding in favor of the estate of a deceased skydiving instructor who was allegedly fired for telling a client he was gay.

 

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Sex discrimination claim sails on

A 16 year old female sailor, who was excluded from participating with her father in a ‘men’s 49er class’ sailing event at a world sailing regatta held in Melbourne in December 2014, has won the right to pursue a sex discrimination claim against Yachting Victoria.

The Federal Circuit Court recently dismissed an application by Yachting Victoria seeking to have the discrimination claim struck out. In its application to have the claim dismissed, Yachting Victoria argued that the sex discrimination claim was hopeless, bound to fail or had no reasonable prospect of success on the basis that (among other things):

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Implications of the Trump Administration for Transgender Workers

How will the Trump administration handle discrimination cases involving transgender employees? The EEOC’s pursuit of a sex discrimination claim on behalf of Aimee Stephens, a transgender woman who was terminated by a Michigan funeral home for expressing her intention to dress in conformance with her gender identity, will be an early indicator.

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Uber Presents a Cautionary Tale for Human Resources Departments

A recent blog post by Susan Fowler, a former software engineer at Uber, and the author of two books regarding software engineering, has once again drawn national attention to the issue of the underrepresentation of women in the technology industry. Her story has received extensive media coverage, and Uber has retained former U.S. Attorney General Eric Holder to investigate Ms. Fowler’s allegations. Further, the allegations appear to have reinvigorated the #DeleteUber social media campaign.

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EEOC’s Recent Lawsuits Assert That Unlawful Sex Discrimination Under Title VII Includes Sexual Orientation Discrimination

Laura C. Monaco

This week, the EEOC filed its first two federal lawsuits that frame allegations of sexual orientation-based harassment and discrimination as claims of unlawful “sex discrimination” under Title VII of the Civil Rights Act of 1964.

In EEOC v. Pallet Companies the EEOC alleges that an employee’s night-shift manager harassed her because of her sexual orientation by making repeated offensive comments (sometimes accompanied by sexually suggestive gestures), such as “I want to turn you back into a woman” and “I want you to like men again.”  According to the Complaint, the employee was discharged after she complained about her manager’s comments to another supervisor and the Human Resources department.  The EEOC makes similar allegations in EEOC v. Scott Medical Health Center

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