Articles Posted in sexual discrimination

A recently-issued federal court of appeals ruling showed that justices are looking to require a heightened standard for employers who attempt to justify discrimination against employees based on sexual orientation.

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Our experienced Costa Mesa employment lawyers are aware that the U.S. Supreme Court made an historic ruling when it struck down the Defense of Marriage Act during the summer. The substantive meaning of the holding and the intent were clear immediately – a federal law that is discriminatory in nature is demeaning to the couple whose choices are protected by the U.S. Constitution.

Still, it was not so obvious how such discrimination cases would be handled in the future. This most recent decision may shed some light.

Women who applied for jobs at one national food marketer were reportedly up against an impossible hiring curve, with systematic discrimination on the basis of their gender, according to the U.S. Equal Employment Opportunity Commission. black4

Our Costa Mesa sex discrimination attorneys understand that allegations made against the large company include:

  • Vice presidents openly announced a bias against female workers, at one point stating women weren’t capable of doing warehouse work and with one specifically wondering aloud, “Why would we waste our time bringing in females?”

A woman who was fired by her boss for being sexually “irresistible” will have her lawsuit re-examined by the state supreme court in Iowa,  following the court’s almost unheard-of move of unanimously withdrawing its earlier ruling  in the case. people3

Our Costa Mesa gender discrimination lawyers are pleased to hear that this is something the court is reconsidering. Although the ruling never had a direct impact on California workers, the precedent it set for future cases was deeply troubling.

According to media accounts, the plaintiff worked for 10 years as a dental hygienist in a small office with a boss with whom she got along well. However, she said she was blindsided one day when he told her she was fired because she was a threat to his marriage because she was “irresistible.”

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