As allegations of sexual harassment in the workplace continue to make the news, the question of how victims should respond remains unanswered. Even when no celebrities are involved, it can be difficult to convince those around you that a boss or co-worker is acting inappropriately. A study conducted by Harvard Business Review found that although …
When Justice Anthony Kennedy announced he would leave the Supreme Court last June, he gave a giant middle finger to millions of gay, lesbian, and bisexual Americans who saw the Court slowly begin to respect their humanity. Though Kennedy was very conservative on most issues, he was relatively moderate on gay rights questions, and often joined …
Supreme Court will decide if it is legal to fire someone for being LGBTQ Read More »
There are now six different cases implicating LGBTQ rights sitting before the Supreme Court. While the conservative-majority Court has not yet agreed to hear any of them, a circuit split between two of the cases and the fact that President Trump’s transgender military ban is at the heart of another strongly suggest at least one …
Supreme Court poised to drastically reverse LGBTQ equality Read More »
During Wednesday’s Justice Department Oversight Hearing, Sen. Dick Durbin (D-IL) asked Attorney General Jeff Sessions about the Department of Justice’s new “religious freedom” guidance. In particular, Durbin was concerned about how the guidance might enable anti-LGBTQ discrimination, asking Sessions to respond to several hypotheticals. “Could a social security administration employee refuse to accept or process spousal …
On Wednesday evening, the Department of Justice moved to undermine rights for LGBTQ people to ensure they are treated fairly in the workplace. The department filed a brief arguing that prohibition of sex discrimination under federal law does not include the prohibition of discrimination on the basis of sexual orientation. The federal law in question is Title …
Justice Department brief argues against protections for LGBTQ workers Read More »
With a lopsided majority joined by a bipartisan coalition of judges, the United States Court of Appeals for the Seventh Circuit held on Tuesday that discrimination on the basis of sexual orientation violates federal civil rights law, at least in the context of the workplace. The court telegraphed in an order last October that Hively …
Federal appeals court holds workers can’t be fired for being gay Read More »
A federal court in Kentucky is allowing a transgender workplace discrimination suit to proceed, recognizing that mistreatment in regards to gender identity constitutes illegal discrimination on the basis of sex. Plaintiff Mykel Mickens sued General Electric Appliances (GE) for harassment and disparate treatment in the workplace. He was not permitted to use the men’s restroom, …
Federal judge concludes transgender worker can sue for sex discrimination Read More »
There is little cause for celebration as the Age Discrimination Against Employment Act of 1967 (ADEA) approaches its fiftieth birthday. The law has failed to prevent widespread discrimination against older workers. It was weak and riddled with loopholes to begin with and has since been eviscerated by the U.S. Supreme Court. Moreover, the problem is …
I wrote about a really stupid case out of Texas where a federal court said that “lactation is not pregnancy, childbirth, or a related medical condition,” and thus decided that “firing someone because of lactation or breast-pumping is not sex discrimination.” I was irked, to say the least. Lactation not related to pregnancy and childbirth? Really? Well, …
Court Says Lactation Is Related to Pregnancy, Refrains From Saying, “Duh” Read More »
When it dismissed a federal lawsuit last week, the U.S. District Court for Maryland made it even harder for workers with poor credit histories and past criminal convictions to find a job. Civil rights advocates hope the decision is not a bellwether for similar cases pending around the country. The lawsuit, brought by the federal Equal Employment …
EEOC loses battle (but not war) on discriminatory background checks Read More »
Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.
