The Americans with Disabilities Act’s definition of “disability” expressly excludes “gender identity disorders not resulting from physical impairments.” Based on this exclusion, courts historically have held that an employee is not entitled to the protections of the ADA based on status as a transgender person. Recently, in Williams v. Kincaid, the U.S. Court of Appeals …read more »
Workplace Rumors that a Female Employee “Slept With” a Male Supervisor to Obtain a Promotion Can Lead to a Sex Discrimination Claim
Can a false rumor that a female employee slept with her male boss to obtain a promotion ever give rise to her employer’s liability for sex discrimination? The U.S. Court of Appeals for the Fourth Circuit answered this question in the affirmative. In Parker v. Reema Consulting Services, Inc., No. 18-1206 (4th Cir. Feb. 8, …read more »
The EEOC’s Focus on Harassment in the Workplace Continues with Seven More Lawsuits Filed in August 2018
Have you visited the EEOC website lately? Featured prominently at the top of the Home page is a section titled “What You Should Know: What to Do if You Believe You Have Been Harassed at Work” and a link that sets out detailed (but common sense) instructions for handling harassment in the workplace. The EEOC …read more »
Ten Easily Overlooked Harassment Issues from the EEOC’s Proposed Guidance
With harassment increasingly in the news, employers need accurate, current advice on where the courts and the EEOC stand. The EEOC’s proposed enforcement guidance on unlawful harassment gives employers a comprehensive overview of the EEOC’s position. The final version of the guidance is expected to be released soon. (The proposed guidance is available at https://www.regulations.gov/contentStreamer?documentId=EEOC-2016-0009-0001&contentType=pdf.) …read more »