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Article Index » sex discrimination » general
Report Link Abortions are Covered by Title VII Pregnancy Discrimination Amendments, Appeals Court Holds.
Jackson Lewis LLP - July 09, 2008
Considering the issue for the first time, a federal appeals court in Philadelphia has ruled that female employees' right to be protected against sex discrimination under Title VII of the 1964 Civil Rights Act prevents an employer from terminating an employee for having an abortion. Doe v. C.A.R.S. Protection Plus, Inc., No. 06-3625, (3d Cir. 2008). Title VII prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin. (The Third Circuit Court of Appeals has jurisdiction over Delaware, New Jersey, Pennsylvania, and the U.S. Virgin Islands.)
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 Fourth Circuit Recognizes Different Decision Maker in Title VII Sex Discrimination Case (pdf).
Nexsen Pruet - May 07, 2007
A plaintiff must ordinarily demonstrate replacement by someone outside his or her protected class to establish a prima facie case of employment discrimination. In Lettieri v. Equant, Inc., 478 F.3d 640 (4th Cir. 2007), however, the Fourth Circuit Court of Appeals recently recognized an exception to this requirement when the termination and replacement decisions were made by different people.
Report Link Four Steps to Avoiding Stereotyping Based on Sex.
Elarbee, Thompson, Sapp & Wilson, LLP. - November 17, 2006
A recent decision from the Ninth Circuit Court of Appeals highlights an emerging trend of “sex stereotype” challenges to employer grooming and appearance policies. The case also reveals several ways employers can craft policies to avoid these challenges.
Report Link Court Permits Rejected Male to Proceed with Sex Discrimination Claim (pdf).
Ford & Harrison LLP - May 15, 2006
A federal court in Indiana has held that a male applicant who was rejected for a protection officer/paramedic job can proceed with his sex discrimination lawsuit against his employer, even though the male applicant was ranked lower than the female applicant who received the promotion. See White v. Alcoa (March 27, 2006). In White, four candidates, one woman and three men, applied for the job of protection officer/paramedic. After a manager and his team leaders interviewed the candidates (all of whom met the basic qualifications for the job), they ranked the candidates in order of preference. The interviewers’ top choice was a male applicant, followed by the female, then White and another male.
Report Link Employer's Makeup Requirement is Not Sex Discrimination (pdf).
Ford & Harrison LLP - May 15, 2006
The Ninth U.S. Circuit Court of Appeals has upheld the dismissal of an employee’s lawsuit in which she claimed that her employer’s requirement that she wear makeup at work violated Title VII.
Report Link Ninth Circuit Upholds Makeup Requirement.
Littler Mendelson, P.C. - May 02, 2006
On April 14, 2006, the Ninth Circuit Court of Appeals issued its en banc opinion in Jespersen v. Harrah's Operating Co. , No. 03-15045 (9th Cir. Apr. 14, 2006), affirming the court's prior ruling that it was not unlawful gender-based discrimination for an employer to dismiss a female bartender for noncompliance with its dress and grooming standards that included a requirement that female bartenders wear makeup. The seven-four majority opinion affirmed the right of employers in the Ninth Circuit to enforce reasonable dress and grooming standards in the workplace.

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