Back in September we described a case of same sex harassment and retaliation at a small mom & pop type business. It may be no surprise that a company with only a few employees and no compliance department would fail
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Women and COVID-19: A Tale of Disparate Impact
Cliché or not, we are living in unprecedented times. At least unprecedented in the lives of most readers; centenarians are a possible exception.
Here in the United States, the Coronavirus and the related shutdown of the economy have caused the…
The Americans with Disabilities Act and Workplace Discrimination: A Primer
The 30th anniversary of Americans with Disabilities Act (“ADA,” for short) was July 26, 2020. To commemorate this milestone, the Equal Employment Opportunity Commission (“EEOC”) published a separate webpage with links to useful resources for workers and employees (as well…
Pulling Long Hours? Your Overtime Rights During the Pandemic.
It is a pretty safe bet that, until there is a workable, widely distributed vaccine, better treatments for COVID-19, or both, our lives—including our work lives—will not go back to any semblance of normalcy. It also doesn’t take much imagination…
Same Sex Hostile Work Environment and Retaliation: A Case Study
To state the obvious: yes, sexual harassment is not limited to men harassing women and yes, same sex harassment exists. Perhaps it is rarer, but it does happen. What almost certainly happens less often in 2020 than in prior decades—given…
Can a School District’s Policy to Allow Transgender Students to Access Bathrooms Consistent With Their Gender Identity Be a Basis for a Sexual Harassment Claim?
Can a School District’s Policy to Allow Transgender Students to Access Bathrooms Consistent With Their Gender Identity Be a Basis for a Sexual Harassment Claim?
The Transgender Student
Paul is a 17-year-old junior high school student in Louisville, Kentucky whose…
Pumping Breast Milk at Work Protected Under the Pregnancy Discrimination Act
Federal law not only protects you from workplace discrimination during pregnancy, but also from discrimination after pregnancy. The Pregnancy Discrimination Act (“PDA”) of 1978 amended the Civil Rights Act to include discrimination “on the basis of pregnancy, childbirth, or related…
Fifth Circuit Court of Appeals Fuels Split Among Circuits on Whether Sexual Orientation is Protected Under Civil Rights Act
The Fifth Circuit Court of Appeals in O’Daniel v. Industrial Service Solutions, released on April 19, 2019, affirmed a lower federal court’s dismissal of a lawsuit that claimed harassment and discrimination based on her heterosexual orientation. The Fifth Circuit…
Cuando una relación íntima bajo consentimiento deviene en acoso sexual en tu lugar de trabajo
Inmediatamente después de graduarse de la escuela de leyes, Carl comenzó a trabajar como asistente del juez Jorge Martinez. A Carl le encantaba su trabajo, el cual le permitía presenciar juicios civiles y criminales, hacer búsquedas legales, redactar opiniones legales…
The Power Imbalance
Happy International Women’s Day! This year’s theme is building a gender-balanced world. The #BalanceforBetter campaign will continue for the rest of 2019 to inspire women and men to strive for a “gender-balanced boardroom, a gender-balanced government, gender-balanced media coverage, a…