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Sexual Orientation Discrimination

Discriminatory Failure To Promote Claim Relies On Being A Markedly Superior Candidate

by Brian Spitz | Aug 31, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sexual Orientation Discrimination

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment based on race/color, religion, gender, gender identity, sexual orientation, and national origin. When it comes to failure to promote claims under Title VII, if an employer asserts...

Yes, You Can Be Fired For Not Reporting Your Boss’s Sexual Harassment

by Brian Spitz | Aug 17, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

The Complex Interaction of Silence and Consequences in the Workplace Many employees work for a boss, manager, or supervisor who treats them well and has given them opportunities to succeed. That type of leadership instills a willingness to work hard and produce...

Judges May Have Discriminatory Bias Too

by Brian Spitz | Aug 11, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sexual Orientation Discrimination, Wrongful Termination

Let me start off by saying that I truly believe that the United States has the best justice system in the world. With that said, our justice system is far from perfect. When it comes to pursuing an employment claim, it's important to keep in mind that the justice...

Reductions In Force and Employer Liability Under Title VII, ADEA, and ADA

by Brian Spitz | Jul 21, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sexual Orientation Discrimination, Wrongful Termination

Unfortunately, in today’s economy, businesses are having financial issues. According to the Wall Street Journal, recession fears has prompted Facebook parent Meta, Alphabet, Microsoft and Goldman Sachs to cut employees. CNN further reports that companies such as...

Can Religious Employers Use Faith-Based Beliefs To Discriminate Against LGBTQ+ Employees?

by Patricia Brandt | Jul 7, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Gender Identity Discrimination, Religious Discrimination, Sexual Orientation Discrimination

Maybe. As our loyal readers know, Title VII of the Civil Rights Act of 1964 provides, in relevant part, that “It shall be an unlawful employment practice for an employer…to discriminate against any individual with respect to his compensation, terms, conditions, or...

Can I Extend The Time To Sue For Employment Discrimination?

by Brian Spitz | Jun 22, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

How long do I have to sue for employment discrimination and what happens if I miss the deadline? As our employee’s rights attorneys have blogged about before, the deadlines for filing employment discrimination, harassment, or wrongful termination claims under Title...

Yes, You Can Get A Poor Review For Falling Asleep At Work And Leaving Early

by Brian Spitz | Jun 20, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

Gilbert Edwin worked for Clean Harbors Environmental Services, Inc., an environmental and industrial service provider, as an environmental technician, which was designated a safety position by his employer. Employment records showed that Edwin was caught sleeping on...

Yes, You Can Be Denied A Job That You Are Not Qualified To Hold

by Brian Spitz | Jun 15, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

“Just because you can doesn't mean you should.” The American legal system allows individuals to represent themselves in court. This practice is called acting pro se. Our lawyers have blogged regularly to warn employees about the complexities employment discrimination...

Can Employers Beat Race And Gender Claims By Equally Harassing Everyone?

by Brian Spitz | Jun 14, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sexual Orientation Discrimination

Yesterday, our employment discrimination attorney discussed whether offensive music could create a racially or sexually hostile work environment based on the recent United States Court of Appeals for the Ninth Circuit holding in Sharp v. S&S Activewear, L.L.C.,...

Can Offensive Music Create A Hostile Work Environment In Violation Of Title VII?

by Brian Spitz | Jun 13, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sexual Orientation Discrimination

Last week, in Sharp v. S&S Activewear, L.L.C., No. 21-17138, 2023 WL 3857491, (9th Cir. June 7, 2023), the United States Court of Appeals for the Ninth Circuit addressed the offensive music issue as well as whether there is a violation of Title VII of the Civil...

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