Tag: sex

The New Meaning of the Equal Pay Act’s Promise of Pay Equity

Never before has the Equal Pay Act (EPA) gotten so much attention. In fact, “pay equity” has become a term that every employer must understand. That’s because courts have begun examining the meaning of pay equity under the EPA, and legislatures are expanding the reach of pay equity and limiting employers’ inquiries into prospective employees’ […]

Sexual Harassment

Supervisory Status Key in Assessing Liability in Sexual Harassment Cases

The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently affirmed a lower court’s decision to dismiss an employee’s same-sex sexual harassment claim after determining that the supervisor lacked the ability to take tangible employment action against the employee.

transgender

6th Circuit Rules Title VII Prohibits Transgender Discrimination

On March 7, 2108, the 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—granted summary judgment to the Equal Employment Opportunity Commission (EEOC) on its claim that a former employee of a funeral home in Michigan was fired from her job because of her transgender status in violation of Title VII of the […]

Controversial Gay Rights Ordinance Goes into Effect in Omaha

by Mark M. Schorr As of March 28, 2012, a new protected category has been created under the Omaha Municipal Ordinance enforced by Omaha’s Human Rights and Relations Department. Omaha residents who are lesbian, gay, bisexual, and transgender are now protected from discrimination in the same way that sex, race, national origin, age, marital status, […]

How to Screen Job Applicants and Avoid Liability

Q: I own and operate a business in which physically demanding work is part of the employees’ daily activities. I recently hired several employees who I thought were qualified for the job. However, I quickly learned that they weren’t in good enough health to do what was required of them. This is causing a lot […]

Supreme Court Agrees to Review Massive Discrimination Case Against Wal-Mart

Today, the U.S. Supreme Court agreed to review what has been called the largest employment class action in U.S. history — Wal-Mart Stores v. Dukes. The class of plaintiffs is estimated to include approximately 1.5 million former and current female Wal-Mart employees seeking monetary relief that could amount to billions of dollars in back pay. […]