On July 7th, Florida resident Kyla Alegata filed suit against Walmart in federal court. After giving birth in the middle of the pandemic, the 21-year old mother found her employer to be inconsiderate of her needs as a new working mother. Alegata alleges that Walmart failed to provide pregnancy-related
Articles Discussing General Sex Discrimination Issues Under Title VII.
This past month, a former Southwest flight attendant was awarded $5.1 million in her abortion bias suit against Southwest Airlines and its flight attendant union. A Texas federal jury ruled in favor of plaintiff Charlene Carter on the grounds that Southwest Airlines retaliated against her for her religious beliefs. They
In this episode of our Women’s History Month podcast series, Conversations with Women, Jacqueline Polito (Rochester) talks with two special Littler alumnae, Meyling Ly Ortiz, Managing Counsel at Toyota, and Eboneé Lewis, Associate General Counsel at BD, a global medical technology company. Sharing personal stories of support, Mey and
As working new moms return to the workplace, employers need to remember pre-pandemic workplace requirements, such as lactation accommodations. At the start of 2020, California’s enhanced lactation accommodation law went into effect.
Under the law, every employer must provide a reasonable amount of break time to accommodate an employee expressing
A lawsuit brought by female professional soccer players against the United States Soccer Federation (USSF) may be settled, partly.
In 2019, female professional soccer players on the United States Senior Women’s National Team, including well-known players like Megan Rapinoe, filed a collective action in federal court in California alleging the
Jennifer Youpa and Nina Markey discuss the importance of advancing gender equity in the workplace, how access and representation are critical to creating opportunities for women, and how women can help each other achieve their professional goals.
Players on the U.S. Women’s National Soccer team have settled some of the claims the group made in its Equal Pay Act lawsuit against U.S. Soccer Federation, the national governing body for the sport. The settlement resolves issues related to working conditions that are alleged to be less favorable than
On September 22, 2020, President Donald Trump signed an executive order titled “Executive Order on Combating Race and Sex Stereotyping.” The executive order follows a September 4, 2020, memorandum from Russell Vought, director of the Office of Management and Budget, and introduces requirements for government contractors conducting diversity and inclusion
Goldberg Segalla’s Jonathan Schwartz welcomes Eric Marler and Carrie Graziani of Hanover Insurance Group for a discussion of the Me Too movement, potential directors and officers’ liability, and its effect on corporate culture and risk management. Eric and Carrie focus on the legal issues surrounding sexual harassment at the executive
New York State recently enacted a new law (A 6330/S 4278) mandating a study of the proportion of female members on the boards of corporations authorized to do business in the state.
Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a mid- or lower-level employee, is not a stellar performer, and involved in a largely he said/she said situation. And terminating the alleged harasser may have the salutary effects of cutting off liability under federal law and limiting damages under New York State and New York City law by showing that the employer took appropriate steps to ensure that the harassment would not recur.
Dear Littler: A long-term San Francisco-based employee with our company is returning soon from maternity leave. In discussing her return date, she requested accommodations for expressing breast milk at work. After working with our human resources manager, we decided to install a lock on her office door so that she would have a private and convenient place to do so. The employee is not satisfied with this measure, however, and has requested a room with both a sink and a refrigerator for her private use. We have a kitchen on a nearby floor, but we aren’t sure if that is necessary or sufficient. Also, we have locations throughout the country, and similar questions keep coming up at our various regional offices. Do we really need to provide “the kitchen sink” to be in compliance with lactation accommodation laws? What are our duties?
Just in time for Valentine’s Day, in Parker v. Reema Consulting Services, Inc., the U.S. Court of Appeals for the Fourth Circuit has held that a false rumor that a woman slept with her manager to obtain promotions could give rise to Title VII liability. Reema Consulting Services Inc. had won a motion to dismiss Evangeline Parker’s discrimination and retaliation claims. The district court viewed Parker’s allegations as describing harassment motivated not by her gender but by false allegations about her conduct. The court had also ruled that because the rumor was in circulation for such a short time, the treatment Parker suffered because of it was not severe or pervasive.
A severance package is pay and/or benefits employers pay employees following a termination or layoff. Often, the employee’s acceptance of the severance will include a release of any potential claims against the employer. Of course, severance packages are not required. In a recent decision, a court considered what happens when every departing employee is not offered a severance package.
The customer isn’t necessarily always right. Neither is a patient. In Gardner v. CLC of Pascagoula, LLC, the Fifth Circuit Court analyzed an employer’s alleged failure to respond to a complaint of inappropriate actions of a patient in an assistant living facility.