There have been a variety of responses to the #MeToo movement since it began a little over a year ago. Employees have responded by filing more internal and external complaints. In fact, in early October the Equal Employment Opportunity Commission (EEOC) released its fiscal year 2018 statistics regarding workplace harassment. Among other things, the data
Discrimination & Harassment
Recent Guidance Interprets Pennsylvania Human Relations Act to Protect LGBTQ Community
Perhaps the most significant EEO issue percolating through the federal court system right now is whether Title VII’s prohibition against sex discrimination encompasses discrimination on the basis of sexual orientation and gender identity. There is now disagreement among federal appellate courts on this issue and the U.S. Supreme Court will likely decide the question at…
Governor Wolf Issues Executive Order Attempting to Address Pay Inequality
On June 6, 2018, Governor Wolf signed Executive Order 2018-18-03, which is designed to combat the gender pay gap in Pennsylvania. The Executive Order directs all state agencies under the governor’s jurisdiction to:
- no longer inquire about a job applicant’s current compensation or compensation history at any stage during the hiring process;
- base salaries on
…
Sixth Circuit Rules Discrimination Against Transgender Employees Violates Title VII
The Sixth Circuit Court of Appeals has held that discrimination against transgender/LBGTQ employees is discrimination on the basis of sex that violates Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity Commission v. R.G. & G.R. Harris Funeral Homes, Inc. Moreover, the court held that the employer could not use the Religious…
Responding to #MeToo: Black Dresses, White Roses and Legislative Initiatives
In the months since the Harvey Weinstein scandal, there have been countless efforts to raise awareness of workplace sexual harassment. Actresses donned black dresses at the Golden Globe Awards earlier this month to promote #MeToo and the related Time’s Up initiative. Last weekend, the music industry’s elite carried white roses at the Grammy Awards to…
UPDATE: Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation
Last November, we explained the decision in the case of U.S. Equal Employment Opportunity Commission v. Scott Medical Health Center, P.C., from the U.S. District Court for the Western District of Pennsylvania. There, the court concluded that Title VII of the Civil Rights Act of 1964 prohibits discrimination and harassment based on sexual orientation. …
What Does Attorney General’s Memo on Transgender Rights Mean for Employers?
LGBTQ workplace rights is perhaps the most rapidly evolving area in employment law. On October 4, 2017, United States Attorney General Jeff Sessions formally weighed in on the topic. He issued a memorandum to all federal prosecutors declaring that Title VII of the Civil Rights Act of 1964 does not prohibit employment discrimination based on…
Third Circuit Holds that A Single Word Can Lead to Liability for Hostile Work Environment
Most employers take proactive steps to prevent and eliminate workplace harassment. Until recently, courts recognized and rewarded the proactive approach. Businesses in Pennsylvania, New Jersey and Delaware could avoid liability for hostile work environment claims if they rooted out the problem before it became “severe and pervasive.”
Courts had long held that a single slur,…
Breaking New Ground: Seventh Circuit Rules that Title VII Protects Sexual Orientation
Workplace rights for LGBT individuals has been a rapidly developing area of the law. A little over two years ago, former President Obama signed an executive order prohibiting federal contractors from discriminating against employees on the basis of their sexual orientation or gender identity. The Office of Federal Contract Compliance Programs followed suit by issuing…
The “Honest Belief” Defense Comes to the Third Circuit
In the Third Circuit, an employer’s honest belief that an employee committed misconduct can now serve as a defense to a retaliation claim under the FMLA. With the recent decision in Capps v. Mondelez Global, LLC (found here) the Third Circuit joins the Seventh, Eighth and Tenth Circuits in providing such a defense.
In…