Gender Discrimination

Can Setting Pay Based on Prior Salary Equal Discrimination?

the situation An employer sets new employees’ salaries partly based on what they were making previously. If this results in a female employee being paid less than a male employee in the same position, does this support a claim of discrimination? the ruling Yes, this could result in liability under the Equal Pay Act, according […]

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Over One Million Dollars in Damages for Discrimination Based on Transgender Status?

the situation A professor claims that she was denied tenure only after she began transitioning from male to female-will this support a claim of discrimination based upon gender in violation of Title VII?

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My Employee Badmouthed me on Glassdoor—Can I Fire Him?

the situation One of your employees says some negative things about your company on Glassdoor.com. You end up firing him shortly after his bad comments.  Does this give him a basis for a retaliation claim? the ruling Depending on the content of the posts, you could be looking at a retaliation claim under these circumstances.  […]

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Is Gender Dysphoria a Disability Under ADA?

the situation An employee who has been diagnosed with gender dysphoria requests that she be permitted to use the female bathroom, dress in a female uniform, and wear a nametag with a female name.  Management refuses to accommodate these requests until her name and gender marker are legally changed from male to female.  The employee’s […]

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Discrimination Based on Perceived Sexual Orientation??

the situation An employee claims that she was repeatedly harassed by her supervisor in ways seemingly related to her sexual orientation—frequently saying that she dressed like a lesbian and similar remarks. The employee is actually heterosexual and married to a man. But based on the supervisor’s conduct, other employees begin to actually think that the […]

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Summary Judgment Granted to Plaintiff Claiming FBI’s Gender-Based Push-up Requirements in Violation of Title VII

Is it discrimination for the FBI to require its male trainees to perform 30 push-ups while only requiring 14 push-ups from its female trainees in a physical fitness test? In June, a federal court in the Eastern District of Virginia ruled that it was. Bauer v. Holder, Case No. 1:13-cv-93 (E.D.Va. June 10, 2014). A […]

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