Tag Archives: discrimination

Gender Identity/Transgender Discrimination: A New Federal Enforcement Priority

Ver la versión en español aquí Title VII does not protect against sexual orientation discrimination (though many state and local laws do). The battle to amend this most prominent of employment laws to protect sexual orientation has been waged for years, unsuccessfully. Yet, seemingly overnight, issues of gender identity or transgender discrimination have leapfrogged to … Continue Reading

BACK BY POPULAR DEMAND! “New Claim on the Horizon: Family Responsibilities Discrimination” Seminar

Ver la versión en español aquí As promised in a previous post, if you were unable to attend the annual seminar in May or attended but need a quick refresher, a few of our most popular sessions are back for encore presentations at our Miami office. Our first session, “New Claim on the Horizon: Family Responsibilities … Continue Reading

True Colors – Can Naming a Paint Color Be a Discriminatory Act?

Ver la versión en español aquí Benjamin Moore & Co. is an American paint company. A former Benjamin Moore Manager, Clinton Tucker, alleges that the Company is marketing paints with racially insensitive names – his two names as a matter of fact. Tucker claims that Benjamin Moore’s Clinton Brown and Tucker Chocolate paint colors refer to … Continue Reading

EEOC Updates Enforcement Guidance on Use of Arrest and Conviction Records in Employment Decisions

The Equal Employment Opportunity Commission (“EEOC”) issued updated enforcement guidance in light of recent court decisions on the use of arrest and conviction records in making employment decisions.  The EEOC Enforcement Guidance can be found here.  The guidance is not binding on employers but the EEOC will be enforcing Title VII with the guidance in … Continue Reading

Federal Court to Georgia: Transgender Employees Are Protected

Last week, the federal Eleventh Circuit Court of Appeals (which covers Florida, Georgia and Alabama) ruled in favor of Vandiver Elizabeth Glenn, an employee who was fired after informing her employer, the Georgia Legislature, that she was a transsexual and planned on undergoing a complete gender transformation from male to female.  Glenn sued the Georgia … Continue Reading

Halloween Horrors for Employers

Are you allowing your employees to dress up as ghosts, goblins and ghouls this Halloween?  Celebrating Halloween in the workplace is a “treat” but employers should be aware of the risks.  Here are some “real life” workplace horror stories: Religious Discrimination: The Equal Employment Opportunity Commission (“EEOC”) sued a company for firing an employee, who … Continue Reading

Obama’s Proposed Jobs Bill Makes it Unlawful to Consider an Applicant’s Status as Unemployed

On September 8, 2011, President Obama presented to Congress the “American Jobs Act.”  Buried in the proposed bill is a section called the “Fair Employment Opportunity Act of 2011,” making it unlawful for employers with 15 or more employees and employment agencies to discriminate against job applicants based on their status as unemployed. If passed, the … Continue Reading

Employers Should Reflect on Two Recent Supreme Court Class Action Decisions

The U.S. Supreme Court ended its term this week.  As the Justices start their three-month vacation, employers should reflect on two important decisions from the Court’s last term dealing with class actions.  What are the takeaways? (1)  One-size-fits-all class actions for discrimination cases won’t cut it.    This year’s blockbuster case, Dukes v. Wal-Mart, was … Continue Reading

Court Says $2.5 Million Discrimination Case Should Have Never Gone to the Jury

Florida’s Third District Court of Appeal recently reversed a hefty jury verdict in favor of the employee and directed the trial court to enter final judgment in favor of Florida International University (“FIU “).  See St. Louis v. FIU, Third District Court of Appeal, No. 3D08-2316, March 30, 2011.  The case was a big win for … Continue Reading
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