Articles Posted in gender discrimination

Recently, California enacted legislation designed to remove some of the traditional barriers to employment.  The new law bans most employers from asking about criminal history and past salary history in an initial application.  Once an applicant has been offered a position, a criminal background check may be performed for certain occupations, but the idea behind the law is to put all applicants on equal footing during the hiring process.  It is far too easy for an employer to skip over an applicant with a criminal history.  The ban on asking about salary history is designed to require employers to make a salary offer based upon the demands of the position and the strength of the applicant. If the prospective employer knows how much an applicant was making before, they would know the base amount an employee took in the past and this would let them make a lower offer in many cases.

employment law attorneysAs is discussed in a recent article from the Los Angeles Times, that stated reason for banning asking  about salary history, among others, is to narrow the gender gap in pay.  To get an idea of the actual pay gender gap, we can look to data from the Institute for Women’s Policy Research which shows that while women make up nearly half of the entire workforce, the gap is still very much in existence and women earn on average, 80 cents on the dollar as compared to a man in the same or similar job.  Continue reading

Recently, Google has been the target of a wide variety of discrimination lawsuits. From issues of political speech raised by the infamous “anti-diversity manifesto” to the gender issues which plague the technology and venture capital sectors, the tech giant is facing the potential of significant civil liability for violations of state and federal employment law. According to Reuters, Google is also facing an investigation by the U.S. Department of Labor into gender discrimination in its pay practices. Now, a new lawsuit alleging gender bias in pay and promotions could be the latest – and greatest – of Google’s legal woes. Continue reading

Gender discrimination can occur in all industries, at all education levels and all income tiers. Recently, a trio of female physicians in North Carolina filed a gender discrimination lawsuit alleging the male doctors within their health system were paid substantially more than them, despite comparative levels of education, experience and expertise. doctor

Also sometimes referred to as “sex-based discrimination,” it occurs when an employee is treated differently due to their gender. Title VII prohibits discrimination when it comes to any aspect of employment – including hiring, pay, job assignments, promotions, layoffs, firings and fringe benefits. Whether directed at male or female employees, it’s illegal when it has a negative impact on a person’s employment and it’s not job-related or necessary to the operation of the business.

The North Carolina case involves three female doctor plaintiffs who allege their male counterparts are paid substantially more money for doing the exact same work.  Continue reading

California has long been a pioneer of gender rights in the workplace. Since 2011, gender expression and gender identity have been protected classes under California’s anti-discrimination law.  And on July 1, 2017, new employment protections for transgender and gender-nonconforming employees took effect in California. The Department of Fair Employment and Housing now enforces regulations which expand protections for gender identity and gender expression in the workplace. According to The National Law Review, the following provisions are now effective:

Employment discrimination lawyers

  • Gender identity has been expanded to include those employees who are transitioning. Activities during the transition phase are protected, such as: changes in name or pronoun usage; use of bathroom facilities; and medical procedures associated with a transition (such as hormone therapy or surgeries). Employers may not discriminate against transitioning employees for engaging in any of these activities, or other actions related to the transition.
  • Employers may not inquire about, or request documentation about, an employee’s gender, gender expression, or gender identity. Employers can also not request that employees provide such information unless it is on a voluntary basis for record keeping purposes.
  • Single-occupancy bathroom facilities under an employer’s control must be labeled with gender neutral terms (such as “unisex”, “gender neutral”, or “all gender restroom”). Employees must be allowed to use the facilities which correspond to their gender identity, not the gender assigned to them at birth.
  • Employees must be allowed to carry out job duties which correspond with their gender expression or gender identity – not the gender assigned to them at birth.

The Press-Enterprise also notes that employers cannot impose any standards of grooming, dress, or appearance which are inconsistent with an employee’s gender identity.  

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Frustrated with stagnant negotiations with city leaders, the teachers’ union in Boston is accusing the city of gender discrimination and bias. teacher

The union is comprised mostly of women, and talks regarding a new contract between the union and the city have been stalled for a good year now. The president of the union noted that more than three-fourths of the city’s teachers are women, and the city has repeatedly treated them poorly and with disrespect. He asserted that there was “little doubt” that if the union were male-dominated rather than female-dominated that a contract would have been settled long ago.

According to The Boston Globe, city spokespersons declined to respond to allegations of gender discrimination, except to say that conversations between the two sides are still underway and that the city “hopes” for a faster resolution that will ultimately help to best serve the students in the district. Continue reading

During a recent Senate confirmation hearing to the post of Health and Human Services Secretary, Rep. Tom Price (R-Ga.), stated he did not believe companies were allowed to terminate women from their jobs for their reproductive choices. Specifically, he indicated that the right to use birth control was not something that affected women’s employment status.pregnant

In fact, as our gender discrimination attorneys know, this is far from true.

Price is a conservative politician, and as such, he has been vocal and active in his anti-abortion stance. And in 2015, he voted for a resolution that would have eliminated protections for women in the District of Columbia from being fired due to their reproductive health choices. That resolution indicated at the top that it opposed the vote by the D.C. Council in favor of the Reproductive Health Non-Discrimination Act, the purpose of which is to shield women from discrimination at work on the basis of the decisions they make in favor of their reproductive health. However, a the recent confirmation hearing, he insisted that the measure he voted for in D.C. would not have meant that employers could discriminate against workers based on their reproductive choices. In a back-and-forth with Sen. Maggie Hassan (D-N.H.), Price stated he did not think employers ought to be able to or are currently allowed to discriminate against someone based on their health status or the medications (including birth control) that they use.  Continue reading

Three women who reached settlements in their gender discrimination claims against a city and local police department in Iowa say that while the compensation has vindicated them, they have lost much over the last few years. They lost their jobs, of course. But says her once promising career was effectively ended. All say their lives won’t ever be the same.police

One described it as the most difficult time her life. She used to wonder why women wouldn’t come forward with complaints about discrimination, why it was so under-reported. Now, sadly, she knows.

“You’re second-guessed and your told that you’re making things up,” she said. “You’re told that you’re crazy.”  Continue reading

A black, transgender man is accusing GE (General Electric) of discrimination, sexual harassment and retaliation after he was reportedly fired from his job of two years. He cites the treatment he received prior to his supervisors learning that he was transgender versus after. The complainant alleges in an employment lawsuit the company violated not only federal and state laws, but also a city ordinance that prohibits workplace discrimination.bathroomsign

While the company insists plaintiff was fired for repeated tardiness, plaintiff says there is a good reason for that. He said rather than allowing him to use the male bathroom near his work station, he was forced to use a bathroom that was much farther, on the other side of the property. Then when he returned, he would be reprimanded for returning late from his breaks.

The worker was employed on the production line at the company. On one occasion, he was pulled off the line to meet with a supervisor. It was during that meeting that he revealed he was transgender. From that point forward, he says, he was singled out repeatedly and go additional reprimands for alleged offenses that co-workers were not called out for. Continue reading

A former executive assistant to the mayor of Jackson, Mississippi has filed a gender discrimination and sexual harassment lawsuit against her former boss, accusing the married father of having simultaneous affairs with her and the city attorney and others. The gender discrimination lawsuit alleges plaintiff was fired after ending the relationship, and accused the mayor of firing at least two other city employees who refused the mayor’s sexual advances. officewoman

The mayor has vehemently denied the allegations, calling the allegations both “vicious” and “scandalous,” citing this as “egregious character assassination” that was politically motivated.

Although it was no secret the mayor had previously been unfaithful to his wife (he wrote about it in a book and conceded it during a newspaper interview), the issue here is whether alleged relationships with subordinates created a hostile work environment for those employees. Specifically, plaintiff alleges that while the relationship with her supervisor was consensual, she suffered career setbacks after ending it when she reconciled with her husband. First, he began doling out benefits to other workers over here. Then, she alleges, he forced her to continue the relationship by “making it clear” that he intended to terminate her if she refused to further engage in a sexual relationship.  Continue reading

A recent lawsuit filed by a Colorado judge alleges that female prosecutors, assistant city attorneys and other judicial officers make tens of thousands of dollars less on average than their male peers. That’s according to a recent lawsuit filed by a top-level career services judge, who asserts she earned less than male workers whom she supervised. womenworking

The gender discrimination lawsuit was filed in a federal district court in Denver by a plaintiff who alleged that when she complained about this discrepancy, her superior demoted her. She is now seeking compensatory damages and injunctive relief.

The lawsuit asserts that female workers in both the city’s district attorneys’ office and city attorney’s office were paid less than their male peers who worked the same jobs. In the city attorney’s office, men who worked in both non-supervisor and supervisory roles earned on average between $21,000 and nearly $23,000 more than their female counterparts. Meanwhile, in plaintiff’s district attorney’s office, men who worked in both non-supervisory and supervisory roles made between $8,000 and $11,200 more than the women who worked the very same jobs in the same office. They also generally are not given the same job titles as the men in their offices – even when they are largely performing the same work.  Continue reading