In the 1997 science fiction film Gattaca, the main character Vincent lives in a futuristic world where success is based on an individual’s genetic profile instead of experience or education. Because Vincent’s genes are considered inferior, he assumes the identity of a genetically superior man in order to avoid discrimination based on his genetics.
EEOC Determines That Transgender Employees are Covered Under Title VII
This year, in the case of Macy v. Holder, Appeal No. 0120120821 (EEOC Apr. 20, 2012), the U.S. Equal Employment Opportunity Commission (EEOC) ruled that transgendered persons are afforded protection from discrimination under Title VII of the Civil Rights Act of 1964 (Title VII).
Mia Macy, a transgender police detective in Phoenix, Arizona
Who Really Is A Supervisor Under Title VII?
This guest post was authored by Gurinder Grewal
Employers and employees often struggle to determine who really is a supervisor in a workplace. Is it someone who can hire and fire workers? Or can it be someone who gives out work assignments? The United States Supreme Court granted certiorari on Monday to resolve this issue
Employee Personnel Records: Less Confidential Than You May Think
This guest post was authored by Peter J. Brown
In Marken v. Santa Monica Unified School District, a School District investigated a complaint that a high school teacher had sexually harassed a 13 year old student. The District determined that the teacher had violated the sexual harassment policy and issued him a reprimand. The
Holidays And The Workplace: Be Merry Or Bah Humbug
The holidays are a festive time to be shared with family, friends and even coworkers. Many employers also join in the celebrations by allowing employees to put up decorations and exchange gifts. Employers also like to host holiday parties filled with food, music and alcohol. However, these types of activities may create legal liability for
If “Penn State” Happened Here, Would You Have A Duty To Report?
This guest post was authored by Meredith Karasch
We have all heard about the scandal at Penn State that brought down college football royalty. We cringe at what happened (or didn’t happen). We agree there was a moral obligation to report child abuse. However, moral obligation aside, all public and private entities need to know
“Me-Too” Evidence In Harassment Case May Be Used To Impeach Alleged Perpetrator’s Denial
In the case of Pantoja v. Anton, Lorraine Pantoja worked as a receptionist/secretary for a law firm owned by Thomas Anton. Pantoja alleges that Anton would slap her buttocks, touch her buttocks and leg, and once asked for a shoulder massage. He also referred to his employees as “my Mexicans.” Eventually, Anton called Pantoja a
Zero Tolerance Policy Still The Way To Go Despite The Kelley Ruling
A California Court of Appeal recently ruled there has to be evidence of sexual desire where someone is complaining of sexual harassment at work by a member of the same sex. This is contrary to other cases that hold that no sexual desire is necessary. Additionally, consideration of whether the perpetrator had a sexual desire
Coworkers Who Simply Cannot Get Along Do Not Expose Employers To Liability For Hostile Work Environment Or Retaliation
Does it ever feel like managing the workplace can be like keeping the peace between children fighting in the back seat of the family car? This was the feeling in a recent out-of-state case where a Court held that an employer was not liable for the alleged hostile work environment created amongst bickering co-workers or
10 Things Employers And Employees Should Know About Social Media
This post was co-authored by Elizabeth Arce
The popularity of social media websites such as Facebook and Twitter have created new and unprecedented challenges for employers. The New York Times reported recently that even commanders in our Armed Forces have expressed concern about troops playing with iPhones and BlackBerrys when they should be working. Because