Title VII

Over One Million Dollars in Damages for Discrimination Based on Transgender Status?

Posted on November 29, 2017

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?…

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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 with his religious beliefs. Can you require him to use it anyway?…

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Is it Retaliation to Fire A Supervisor For a Fabricated Sexual Harassment Report?

Posted on June 28, 2017

The Situation: One of your supervisors reports that another employee has been sexually harassing several women working under him. Your HR director interviews each of these women and none back up this story. You then terminate the reporting supervisor based on her false report. Is this retaliation in violation of Title VII?…

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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 position for the long haul. Is this pregnancy discrimination?…

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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 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?…

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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 as a form of sex discrimination in violation of Title VII (EEOC v. Scott Medical Center, P.C., Case No. 2:16cv00225 (W.D. Pa.).  So what has the court decided about the claim asserted by the EEOC?…

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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 applicants end up having to wait quite a while to receive the necessary training (and thus less are hired).  Does this constitute discrimination?…

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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 work. Can you rescind your job offer?…

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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?…

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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 and claims the differing standards constitute discrimination. Could he have a claim under Title VII?…

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