Tag: gender discrimination

No Favorable Treatment of ‘Similarly Situated’ Individuals Dooms Gender Discrimination Claim

Title VII of the Civil Rights Act of 1964 forbids discrimination based on certain protected categories (e.g., gender) in any aspect of employment. Discrimination can present itself in the form of “hostile work environment,” “disparate treatment,” or the “disparate impact” of a particular employment practice. Disparate treatment cases involve claims in which an employee alleges […]

Where’s the Harm? Court Splits on Title VII Liability for Lateral Transfers

Recently, the influential U.S. Circuit Court of Appeals for the District of Columbia. Circuit ruled that denial of a lateral transfer request based on protected status is actionable under Title VII of the Civil Rights Act of 1964 without proving additional harm, such as a change in pay or benefits. Though circuit courts are split […]

How Pandemic, Political Shifts have Affected Affordable Care Act

Pandemic-related and political shifts regarding Section 1557 of the Affordable Care Act (ACA), the part that prohibits employer discrimination, have occurred over the last few years. Read on to learn what you need to know about (1) long-haul COVID-19 and disability discrimination and (2) the Biden administration’s approach to gender discrimination.

Faces of HR: Allyship is an Action Verb for Ashley T. Brundage

Today, more HR managers and organizations understand the need for diversity and inclusion in the workplace, but we still have a way to go. We must be the change we want to see in the world. This starts with increasing your awareness, respecting one another, listening to one another, and focusing on the power of […]

parent

Working Parents Suffering Pandemic Stress, But Employers Can Help

Most employers agree that a diverse workplace benefits from the insights and skills of working parents. After all, parents are often the ones who know best how to relate to coworkers, clients, and customers who are also parents. And it’s the working parents who often have mastered the art (science?) of juggling tasks and getting […]

remote

Legal Risks to Weigh Before Making Telework Permanent

For employers that offered telework as a temporary option in the earlier phases of the COVID-19 pandemic, now is the time to evaluate whether a formal remote working policy is a good fit going forward. While offering telecommuting options may have business advantages such as being a recruiting tool, lowering facility and travel expenses, and boosting morale, there are also legal risks to consider.

Gender Identity Complexity: From the Olympics to the Workplace

Olympic runner Caster Semenya, a woman by her own identification, was born with a unique body. While outwardly female, her body produces an excess of testosterone compared with other women. Olympic authorities have at times attempted to regulate the amount of testosterone in people like Semenya, and the entire situation has raised real questions about […]

#MeToo Takeaways from the Case of Bikram Choudhury

Over the Memorial Day weekend, I listened to a five-part ESPN 30 for 30 podcast series entitled Bikram. The series discussed the rise and fall of yoga guru Bikram Choudhury. As an occasional practitioner of Choudhury’s method of yoga, I was somewhat familiar with the accusations of sexual misconduct made against him that ultimately resulted […]