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Article Index » sex discrimination: 10 Most Recent Articles
Report Link 3rd Circuit Extends Pregnancy Discrimination Act Protection to Cover Abortion.
McGuire Woods LLP - June 12, 2008
On May 30, 2008, the United States Court of Appeals for the Third Circuit ruled that an employee who alleged she was terminated by her employer because she had an abortion stated a valid claim under the federal Pregnancy Discrimination Act (“PDA”) amendments to Title VII. The Court further held the employee was entitled to a trial on her claim because the reasons regarding her termination were disputed. Jane Doe v. C.A.R.S. Protection Plus, Inc. (3rd Cir. May 30, 2008).
Report Link Third Circuit Rules Title VII Protects Women Who Have an Abortion.
Littler Mendelson, P.C. - June 09, 2008
In a case of first impression, the U.S. Court of Appeals for the Third Circuit has ruled that the protections generally afforded pregnant women under Title VII, as amended by the Pregnancy Discrimination Act (PDA), also extend to women who have elected to terminate their pregnancies. Doe v. C.A.R.S. Protection Plus, Inc., Nos. 06-3625, 06-4508 (3d Cir. May 30, 2008). The PDA prohibits discrimination "on the basis of pregnancy, childbirth, or related medical conditions."1 Consistent with the legislative history of the PDA and the interpretive guidelines of the Equal Employment Opportunity Commission (EEOC), the Third Circuit found that an abortion is included in the "related medical conditions" referenced in the statute.
Report Link Common Sense Advice On FRD.
Fisher & Phillips, LLP - October 05, 2007
"Family responsibility discrimination" has been claimed with increasing frequency over the past few years by parents and other caregivers who feel that they have lost job opportunities as a result of their responsibilities at home. Recently, the Equal Employment Opportunity Commission issued guidelines on the subject, which will likely even further raise awareness of the issue among employees.
Report Link Coach Wins Stunning Verdict In Title IX Retaliation Case.
Fisher & Phillips, LLP - September 06, 2007
A former women's volleyball coach at Fresno State University was awarded what is believed to be the largest ever jury award in a Title IX retaliation case, receiving over $5.8 million dollars – almost $2 million more than her lawyers had even asked for. This case is a startling reminder to all educational institutions of the importance of compliance with Title IX, and more importantly, highlights some pitfalls that can lead to such a large verdict. Vivas v. Fresno State University.
Report Link Title IX: Beyond Athletics.
Fisher & Phillips, LLP - September 06, 2007
Title IX of the Education Amendments of 1972 is best known in the realm of college athletics – it requires that women be provided an equal opportunity with men to play sports; that female athletes receive athletic scholarship dollars proportional to their participation in athletics; and, that there be equitable quality of men's and women's athletic programs.
Report Link Changing Genders; Changing Laws, Part 2
Fisher & Phillips, LLP - September 05, 2007
In Part 1 of this article (Labor Letter, August, 2007) we looked at some of the sources of the expanding law of gender identity discrimination. In this conclusion, we'll deal with some of the specific protections that are out there and look at some of the concerns employers may face in dealing with this issue.
Report Link A Bouncing Bundle Of Legal Trouble: Pregnancy Related Issues in the Workplace.
Fisher & Phillips, LLP - August 15, 2007
"You're too big to be working right now." Pregnancy complications aren't limited to the expecting mother. Employers may face the need to alter scheduling and even job duties to help accommodate pregnant mothers in the workplace. But employers who are not aware of laws regarding pregnancy discrimination will find themselves facing "too big" a problem.
Report Link Federal Judge Certifies Class in Gender Discrimination Lawsuit Against Pharmaceutical Company.
Jackson Lewis LLP - August 10, 2007
In one of the largest gender discrimination class actions ever brought, female sales employees at Novartis Pharmaceuticals ("Novartis") have been given the okay to proceed as a class in their $200 million lawsuit against the company.
Report Link Changing Genders; Changing Laws, Part 1.
Fisher & Phillips, LLP - August 03, 2007
Gender identity discrimination is a rapidly developing area of employment law and all employers, whether or not they are located in a jurisdiction prohibiting this type of discrimination, should take note. In this issue we'll take a look at the basis for some of these laws. In a future article we'll address some specific problems employers face in dealing with this issue.
Report Link Sexual Orientation and Gender-Identity Protection from Workplace Discrimination Proposed in Congress.
Jackson Lewis LLP - May 15, 2007
The Employment Non-Discrimination Act ("ENDA") may become a permanent fixture on the non-discrimination checklist for employers if its Congressional sponsors can persuade their colleagues and the President to enact it. Eleven years after being defeated by one vote in the Senate, Congressmen Barney Frank (D-MA), Tammy Baldwin (D-WI), Deborah Pryce (R-OH), Christopher Shays (R-CT), Jerrold Nadler (D-NY), and 62 other Congressional co-sponsors reintroduced H.R. 2015. As written, the proposed legislation includes protection from bias discrimination in the workplace on grounds of sexual orientation and gender identity and would provide federal court remedies for violations.

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