Can Setting Pay Based on Prior Salary Equal Discrimination?
The Situation: An employer sets new employees’ salaries partly based on what they were making previously. If this results in a female employee being paid less than a male employee in the same position, does this support a claim of discrimination?…READ MORE
Over One Million Dollars in Damages for Discrimination Based on Transgender Status?
The Situation: A professor claims that she was denied tenure only after she began transitioning from male to female-will this support a claim of discrimination based upon gender in violation of Title VII?…READ MORE
My Employee Badmouthed me on Glassdoor—Can I Fire Him?
The Situation: One of your employees says some negative things about your company on Glassdoor.com. You end up firing him shortly after his bad comments. Does this give him a basis for a retaliation claim?…READ MORE
Is Gender Dysphoria a Disability Under ADA?
The Situation: An employee who has been diagnosed with gender dysphoria requests that she be permitted to use the female bathroom, dress in a female uniform, and wear a nametag with a female name. Management refuses to accommodate these requests until her name and gender marker are legally changed from male to female. The employee’s co workers taunt her regarding issues related to her gender and she complains about the degrading treatment, yet no action is taken by management. Could she have a claim for discrimination under the ADA?…READ MORE
Discrimination Based on Perceived Sexual Orientation??
The Situation: An employee claims that she was repeatedly harassed by her supervisor in ways seemingly related to her sexual orientation—frequently saying that she dressed like a lesbian and similar remarks. The employee is actually heterosexual and married to a man. But based on the supervisor’s conduct, other employees begin to actually think that the employee is gay and she begins to feel compelled to explain her sexual orientation. If the employee quits because of the alleged harassment, can she bring a claim under Title VII?…READ MORE
Summary Judgment Granted to Plaintiff Claiming FBI’s Gender-Based Push-up Requirements in Violation of Title VII
Is it discrimination for the FBI to require its male trainees to perform 30 push-ups while only requiring 14 push-ups from its female trainees in a physical fitness test? In June, a federal court in the Eastern District of Virginia ruled that it was. Bauer v. Holder, Case No. 1:13-cv-93 (E.D.Va. June 10, 2014). A male FBI trainee failed to perform the required 30 push-ups and argued that this requirement discriminated against him on the basis of sex in violation of Title VII in light of the fact that female trainees are only required to perform 14 push-ups. The Attorney General argued that this does not constitute impermissible discrimination because the different standards are based on innate physiological differences between males and females and these standards impose no greater burden on men than on women.…READ MORE