Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: Pennsylvania

Gender dysphoria: Is it an ADA-protected disability?

Posted in Americans with Disabilities Act, Gender Identity Discrimination
As our readers know, discrimination against transgender individuals is often treated as sex discrimination under Title VII, as a form of unlawful “sex stereotyping.” But is it also a “disability” within the meaning of the Americans with Disabilities Act when an individual identifies with a gender other than his or her biological one? Transgender individuals… Continue Reading

Oh, wait a minute — sexual orientation bias DOES violate Title VII?

Posted in Gender Identity Discrimination, Harassment, Sexual Orientation
Feeling whipsawed? Last summer, I reported on the Hively v. Ivy Tech decision, in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that discrimination based on sexual orientation is not “sex discrimination” or unlawful sex stereotyping that violates Title VII. That decision has since been vacated, and the case will… Continue Reading

BREAKING: EEOC files 2 Title VII suits alleging sexual orientation bias

Posted in Discrimination, Gender Identity Discrimination, Harassment, Sexual Orientation
The Equal Employment Opportunity Commission filed today two lawsuits contending that employers’ alleged discrimination and harassment based on sexual orientation violates the Title VII ban on sex discrimination. One suit was filed on behalf of a gay call center employee in Pennsylvania, and the other was filed on behalf of a lesbian forklift operator in Maryland. Here… Continue Reading

Double whammy for employer who won’t accommodate pregnancy — but will the EEOC’s case survive?

Posted in Americans with Disabilities Act, Discrimination, Pregnancy
This case may have some problems, but it’s a good illustration of why employers need to be careful, post-Young v. UPS. Thanks very much to Bill Goren for sending it my way. The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis… Continue Reading

Can you terminate an employee for acting in self-defense? Maybe not.

Posted in Employment at Will
Late last week, the Utah Supreme Court decided that an employer who terminates an employee for acting in self-defense can be liable for wrongful discharge, if The employee “reasonably believes that force is necessary to defend against an imminent threat of serious bodily harm,” and The employee has no opportunity to withdraw. The case, Ray v. Wal-Mart Stores,… Continue Reading