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Category Archives: Title VII of the Civil Rights Act

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Employer-Mandated Fingerprinting May be Religious Discrimination

Posted in Civil Rights, Discrimination, Reasonable Accommodation, Religious Discrimination, Retaliation, Terminations, Title VII of the Civil Rights Act, Workplace Policies
Sincerely believing that fingerprinting is “the mark of the devil” may be enough to sue your employer for religious discrimination and retaliation in federal district court. On Monday, October 30th, Western District of Pennsylvania Judge Kim R. Gibson issued an Order declining to dismiss such a lawsuit at the initial, pleadings stage of litigation. The… Continue Reading

What #MeToo Means for Employers: Workplace Harassment in the Age of Awareness

Posted in Civil Rights, Discrimination, Equal Employment Opportunity Commission, Harassment, Retaliation, Social Media, Title VII of the Civil Rights Act, Workplace Investigations, Workplace Policies
This past Sunday, actress Alyssa Milano posted the following message on Twitter: Me too. Suggested by a friend: “If all the women who have been sexually harassed or assaulted wrote ‘Me too.’ As a status, we might give people a sense of the magnitude of the problem.” Since Ms. Milano’s original tweet, the hashtag #MeToo… Continue Reading

Feats of Strength: EEOC sues CSX for Employee Strength Tests as Gender Discrimination Under Title VII

Posted in Civil Rights, Discrimination, Equal Employment Opportunity Commission, Government, Hiring, Title VII of the Civil Rights Act, Workplace Policies
The EEOC recently filed suit against CSX Transportation, Inc. (“CSX”) in Federal Court in West Virginia, on behalf of a nationwide class of female employees.[1]  In the suit, the EEOC alleges that CSX’s policy of requiring employees and job applicants to pass certain physical strength tests in order to be eligible for certain positions has… Continue Reading

Is Distress Over Your Assigned Gender a Disability?

Posted in LGBTQ Employees, Title VII of the Civil Rights Act
District Court Narrowly Construes the ADA to Allow a Transgender Employee to Pursue Discrimination and Retaliation Claims Pennsylvania District Court Judge Joseph F. Leeson recently ruled that the Americans with Disabilities Act’s (“ADA”) provision excluding “gender identity disorders” from ADA coverage should be construed narrowly, and held that a transgender employee’s disability discrimination and retaliation… Continue Reading

Federal Court of Appeals Rules that Civil Rights Law Protects LGBT Workers from Sexual Orientation Discrimination

Posted in Discrimination, LGBTQ Employees, Title VII of the Civil Rights Act
On Tuesday, the U.S. Court of Appeals for the Seventh Circuit made history by extending the protections of Title VII of the Civil Rights Act of 1964 to LGBT individuals in the workforce when it held that “discrimination on the basis of sexual orientation is a form of sex discrimination.” In Tuesday’s 8-3 decision, the… Continue Reading

FLUSHED: The Debate Over Bathroom Access Rights for Transgender Employees Continues

Posted in Equal Employment Opportunity Commission, Gender Identity, LGBTQ Employees, Sexual Orientation Discrimination, Title VII of the Civil Rights Act, Workplace Policies
America is currently in the midst of a debate over sex segregated public bathrooms and their impact on the bathroom access rights of transgender individuals. Over the past few years, there’s been a wave of state legislation around the United States requiring that individuals utilize the bathrooms that correspond to the biological sex identified on… Continue Reading

New Federal Workplace Safety Rules Announced Today

Posted in Equal Employment Opportunity Commission, Gender Identity, LGBTQ Employees, OSHA, Sexual Orientation Discrimination, Title VII of the Civil Rights Act, Workplace Policies
The Occupational Safety and Health Administration (OSHA) on Wednesday, May 11, finalized a new recordkeeping and reporting rule that requires employers in certain industries to electronically submit injury and illness information, and bars employers from retaliating against workers for reporting such incidents. OSHA will post the data from these submissions on a publicly accessible Web… Continue Reading

Unpaid Interns: The New Category of Employees?

Posted in Discrimination, Title VII of the Civil Rights Act, Unpaid Interns
The fiery debate over the employment status of and protections afforded to unpaid interns is alive and well! It appears that Congress is continuing the trend of providing additional workplace protections to unpaid interns.  On Monday, July 27, 2015, Representative Elijah Cumming (D-Md.) introduced three separate pieces of proposed legislation aimed at preventing workplace discrimination against… Continue Reading