Tag archives: sex discrimination

It’s not discriminatory to pay enhanced pay during maternity leave but only statutory pay during shared parental leave

In the UK, only female employees are eligible for statutory maternity leave. They are also eligible for statutory maternity pay at a fixed rate during such leave subject to certain conditions – and it is common for employers to pay enhanced maternity pay during periods of maternity leave. Whilst many employers do not pay enhanced … Continue reading

Expanding definition of “sex discrimination” under Title VII

The Judiciary continues to act where Congress will not All employment attorneys—and most employers—know that Title VII bars discrimination based on certain enumerated personal characteristics: race, color, religion, sex, and national origin. It has long been the case that “sex” meant biological sex only, i.e., discriminating against a woman because she is a woman, or … Continue reading

Title VII sexual orientation claims are gaining traction with more courts

On November 4, 2016, a federal judge in Pennsylvania became the latest jurist to side with the U.S. Equal Employment Opportunity Commission (EEOC) in endorsing the viability of claims based on sexual orientation under Title VII of the Civil Rights Act of 1964. In U.S. EEOC v. Scott Medical Health Center, the EEOC brought suit on … Continue reading

What rights and protections are there for part-time workers in the UK?

In the UK, before June 2000 there was no express protection for part-time workers against less favourable treatment when compared with those who work full time. Their only options for legal redress were by way of an equal pay or sex discrimination claim. In 2000 the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (the … Continue reading

DOL issues sex discrimination final rule

On June 14, 2016, the United States Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a Final Rule to revise its sex discrimination policies, updating its guidelines to provide additional guidance on what constitutes discrimination based on sex. The updated guidelines define “sex” to include gender identity, transgender status, pregnancy, and … Continue reading

The prohibition on employment discrimination based on “sex” takes many forms

Numerous federal, state, and local laws in the United States prohibit employers from making employment decisions based on an employee’s or job applicant’s sex and thus protecting employees from being discriminated against based on their “sex”. Title VII of the Civil Rights Act of 1964 is the principle federal law which prohibits discrimination based on … Continue reading

What protection do employees have from discrimination on grounds of gender in the UK?

Although discrimination on grounds of gender – or sex – regarding pay and other contractual terms of employment was first made unlawful in Great Britain in 1970 under the Equal Pay Act, sex discrimination in respect of all aspects of the employment relationship was first made unlawful in 1975. The current law on sex discrimination … Continue reading

What protection from discrimination do employees have on grounds of gender in Quebec?

The Quebec Charter of Human Rights and Freedoms (Quebec Charter) provides the right not to be discriminated against on the grounds of sex. In the employment context, this protection has a wide scope that extends notably, but without limitation, to hiring, to the conditions of employment and to dismissal. The Supreme Court of Canada (SCC) … Continue reading

Current status of legal protections for sexual orientation and gender identity in employment

As the workforce becomes more and more diverse, sexual orientation and gender identity have become very hot topics in discussions regarding employee rights. It may be surprising to learn that neither is considered a protected class under current federal employment discrimination law in the United States. At last count, however, 32 states, including the District … Continue reading
LexBlog