What if You Don’t Agree with a Religious Objection?
Posted on July 5, 2017
the situation You decide to implement a new time tracking system which involves the use of biometric hand scanners by employees to scan their right hands to clock in or out for a shift. One of your long time employees claims that he cannot use this kind of hand scanner because its use would conflict […]
Can You Tell a Pregnant Applicant That You Really Need Someone Long Term ?
Posted on May 11, 2017
the situation A job applicant makes it through several rounds of interviews successfully and receives a job offer. However, before she accepts it, she lets the prospective employer know that she is pregnant and asks about maternity benefits. The employer rescinds the job offer, explaining that they really need someone who can be in the […]
Discrimination Based on Perceived Sexual Orientation??
Posted on March 29, 2017
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 […]
Federal Court Allows EEOC’s Sexual Orientation Discrimination Claim to Go Forward
Posted on November 16, 2016
the situation The EEOC has definitively targeted harassment and discrimination in the workplace based on sexual orientation, taking the position that sexual orientation is covered by Title VII. And back in March, the EEOC filed a lawsuit against an employer in Pennsylvania in one of the first lawsuits brought by the EEOC alleging sexual orientation […]
Same-Sex Training Policy Results in Millions in Liability?
Posted on June 8, 2016
the situation For a number of reasons, including trying to avoid any potential sexual harassment claims, you implement a policy under which you only allow job candidates to be trained by employees of the same gender prior to completing the hiring process. Based on a smaller pool of female employees who can train them, female […]
Can You Take Back a Job Offer if He Becomes a She?
Posted on March 23, 2016
the situation You are interviewing a number of candidates for a vacant position. One particular candidate stands out and he seems like he will be the best fit. After you offer him the job, he tells you that he is a transgender and will be presenting as a female by the time he begins to […]
Does Harassment Based on Sexual Orientation Count as Sex Discrimination?
Posted on March 9, 2016
the situation One of your supervisors has been making offensive comments to a gay employee about his sexual orientation fairly frequently. The employee complains to you, but you don’t take it seriously and thus, don’t take any action. The employee then quits. Could you face a possible claim under Title VII?
Drop and Give Me Thirty (Or Fourteen If You’re a Woman)—Is This Discrimination?
Posted on January 27, 2016
the situation Physical fitness is a necessary component for certain jobs in your organization and so you develop a physical fitness assessment for prospective employees. Based on a thorough analysis of gender norms and abilities, you determine specific standards—which are different for men and women. A male is unable to complete one of the tasks […]