Tag: gender discrimination

Biden Admin Issuing Salary Rules to Eliminate Gender, Racial Gaps

On January 29, 2024, the Biden administration announced two new measures aimed at eliminating gender and racial gaps in average earnings among employees of the federal government and federal contractors.  Details First, the Biden administration has directed the Office of Personnel Management (OPM) to issue a final rule prohibiting the use of nonfederal salary history […]

Pay Equity Issues Can Arise in Multiple Ways for Employers

Pay equity for women remains an issue for many employers. Among those championing gender pay equity is Megan Rapinoe, an American soccer star who’s set to retire from professional play at the end of the National Women’s Soccer League final this Saturday, November 11, 2023. Rapinoe has been at the forefront of gender pay equity […]

Most Employees Have Experienced Workplace Discrimination

Most workers today have experienced some form of discrimination in the workplace, according to Monster, which recently conducted a poll in honor of National Disability Independence Day. Discrimination Is Rampant The results of Monster’s poll may be shocking to some. For example, here are some of its key takeaways: Only 9% of those polled say […]

Case Study: Employee Can’t Show Firing Was Because of Her Gender

Discrimination claims are determined by a three-step analysis. Usually, the third step in this analysis—pretext—is key. Despite the ways in which courts have outlined how pretext for discrimination can be proven, there are times when an employee’s evidence of pretext falls short. A recent case from the U.S. 4th Circuit Court of Appeals is a […]

How Companies Can Advance Women in the Workplace

Forty-two percent of working women in the United States report experiencing gender discrimination in the workplace.  Women in the workplace have made a considerable amount of progress, but true inclusion and belonging require more equitable action than just equality. To ensure true inclusion and belonging in the workplace, businesses must take proactive steps to remove […]

Case Study: Could Subjective Criteria in Workforce Decisions Be Problematic?

Mergers and acquisitions bring lots of financial opportunity, but they can sometimes result in upheaval in the workforce as the new entity determines whether it will operate the business differently from its predecessor. If the new business decides to change the workforce, how should it make those decisions? A recent appeals court opinion sheds some […]

Case Study: Postal Worker’s Retaliation Claim Comes Up Short

It’s not uncommon for employees who allege discrimination to drop the claim later and focus solely on a retaliation claim against their employer. Courts often dismiss discrimination claims as baseless, only to find the employer retaliated against the employee who made the allegations. Although employers aren’t required to suspend previously planned acts (e.g., investigations or […]

No Favorable Treatment of ‘Similarly Situated’ Individuals Dooms Gender Discrimination Claim

Title VII of the Civil Rights Act of 1964 forbids discrimination based on certain protected categories (e.g., gender) in any aspect of employment. Discrimination can present itself in the form of “hostile work environment,” “disparate treatment,” or the “disparate impact” of a particular employment practice. Disparate treatment cases involve claims in which an employee alleges […]

Where’s the Harm? Court Splits on Title VII Liability for Lateral Transfers

Recently, the influential U.S. Circuit Court of Appeals for the District of Columbia. Circuit ruled that denial of a lateral transfer request based on protected status is actionable under Title VII of the Civil Rights Act of 1964 without proving additional harm, such as a change in pay or benefits. Though circuit courts are split […]

How Pandemic, Political Shifts have Affected Affordable Care Act

Pandemic-related and political shifts regarding Section 1557 of the Affordable Care Act (ACA), the part that prohibits employer discrimination, have occurred over the last few years. Read on to learn what you need to know about (1) long-haul COVID-19 and disability discrimination and (2) the Biden administration’s approach to gender discrimination.