Tag archives: sex discrimination

D.C. Circuit Draws Line Between Protected Labor Activities and Discipline-Worthy Employee Misconduct

Photo of Kevin MacNeillBy Kevin MacNeill on Posted in United States
Section 7 of the National Labor Relations Act (Act) gives employees the right to form unions, bargain collectively and to “engage in other concerted activities for the purpose of … mutual aid or protection”. Speaking out about conditions of employment on behalf of a group of employees would fall  within this protection. And, section 8 … Continue reading

Australian Human Rights Commission – Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces

Photo of David CrossPhoto of Georgia WolffBy David Cross and Georgia Wolff on Posted in Australia
The Australian Human Rights Commission (AHRC) has recently released its ‘Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces’ report (Report) in response to the decision in June 2018 by the Sex Discrimination Commissioner, Kate Jenkins, and the then Minister for Women, the Hon Kelly O’Dwyer, to launch the independent national inquiry into sexual harassment … Continue reading

Court holds that it’s not discriminatory to enhance pay during maternity leave, but to pay only statutory shared parental pay during shared parental leave.

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Discrimination and harassment, Europe, UK
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

Religious discrimination claim – whose religion?

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in Discrimination and harassment, UK
The Employment Appeal Tribunal (EAT) has held that where an employer (or individuals on behalf of the employer) acts because of their own religion or belief, this may not lead to an employee bringing a successful claim for direct discrimination on grounds of religion or belief. The EAT upheld the employer’s appeal, overturning the Employment … Continue reading

Claim by track cyclist Jess Varnish to be heard in the employment tribunal next week

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Discrimination and harassment, Europe, UK
Track cyclist Jess Varnish brought a claim of sex discrimination against British Cycling and UK Sport last year, following her removal from the Great Britain Olympic team just months before the 2016 Rio Games. In the UK, protection from discrimination in the workplace is governed by the Equality Act 2010 (the Act). However, in order … Continue reading

“High heels and workplace dress codes” – the UK Government Equalities Office publishes guidance

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Discrimination and harassment, Europe, UK
In December 2015, an agency worker arrived to work as a receptionist and was sent home without pay for failure to wear high heels in accordance with the agency’s dress code. The story attracted widespread media attention, and led to an enquiry by a House of Commons Committee whose report was published in January 2017. … Continue reading

EAT holds that paying enhanced maternity pay, but only statutory shared parental pay, is capable of amounting to indirect sex discrimination

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Discrimination and harassment, Europe, UK
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

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

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Discrimination and harassment, Europe, UK
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

Photo of James HughesBy James Hughes on Posted in Discrimination and harassment, United States
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

Photo of Stephen Romero (US)By Stephen Romero (US) on Posted in Discrimination and harassment, United States
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?

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Discrimination and harassment, Europe, 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

Photo of Shafeeqa Watkins Giarratani (US)Photo of Meredith Mills (US)By Shafeeqa Watkins Giarratani (US) and Meredith Mills (US) on Posted in Discrimination and harassment, United States
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

Photo of Samantha Beltre (US)By Samantha Beltre (US) on Posted in Discrimination and harassment, United States
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?

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Discrimination and harassment, Europe, 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?

Photo of Andréane GiguèreBy Andréane Giguère on Posted in Canada, Discrimination and harassment, Québec
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

Photo of Dennis Jackson (US)By Dennis Jackson (US) on Posted in Discrimination and harassment, United States
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
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