Lex Mentis - Civil Rights for the Aesthetically-Challenged
James J. McDonald of Fisher & Phillips LLP
Most of us are shameless "lookists." We have a natural preference for good-looking people over ugly ones, whether in the context of hiring employees, selecting a mate, or watching movies or television.
To date, most employers have largely been free to discriminate against the homely. A few nations, such as France, have outlawed discrimination based on physical appearance. In the U.S., only a few jurisdictions, such as the District of Columbia and Santa Cruz, California, have enacted legislation prohibiting discrimination in employment based on physical appearance.
Hey, Good Lookin': Sex Discrimination in Hiring Reps
James J. McDonald of Fisher & Phillips LLP
This article examines the issue of using appearance as a hiring criterion and how it could lead to employment discrimination due to physical appearance. Given a new but growing trend to outlaw job discrimination based on appearance, further scrutiny of this practice may be expected.
Plaintiffs find a Litigation Oasis in the Desert: Court Makes it Easier for Employees to Prove Discrimination
Eric J. Hansum of Thompson, Coe, Cousins & Irons, LLP
When investigating whether someone has been discriminated against, do not underestimate clues that may suggest discrimination, even if those clues do not tie directly to the personnel action at issue.
Makeup Rule Upheld By Ninth Circuit
Patrick H. Hicks and Veronica Arechederra Hall of Littler Mendelson, P.C.
On December 28, 2004, the Ninth Circuit Court of Appeals in a 2-1 decision affirmed the dismissal of a female bartender's termination for failing to comply with her employer's dress and grooming standards, which included a requirement that female bartenders wear makeup. Jespersen v. Harrah's Operating Company, Inc., 9th Cir., No. 03-15045, 12/28/04. The decision upholds the right of employers to enforce reasonable dress and grooming standards as long as they do not impose unequal burdens on either sex.
Weight Standards May Constitute Sex Discrimination
Laura S. Scott of Parsons Behle & Latimer
United Airlines discriminated against female flight attendants from 1989 to 1994 by requiring them to stay thinner than their male counterparts, the Ninth Circuit Court of Appeals recently ruled. Some female attendants lost pay when they were suspended or dismissed for being overweight.
Sex Discrimination: Pregnant Woman's Claim of Discrimination Dismissed Where There is No Showing of Disparate Treatment
Mark A. Goldsmith of Honigman Miller Schwartz and Cohn LLP
Plaintiff was a sheriff's deputy assigned to the road patrol when she became pregnant. She asked to be reassigned t.
Labor & Employment Update--March 1998
Brobeck Phleger & Harrison LLP
This update contains articles entitled: California Legislature considers Restrictions Against Layoff Of Older Workers; No Duty To Accommodate Disability Exists Absent Employer's Knowledge Of The Disability; Asking Secretary for Coffee Does Not Constitute Gender Discrimination; Same-Sex Harassment Actionable under Title VII; and Providing A "Stress-Free" Workplace Is Not A Reasonable Accommodation Under The ADA.
Employment Law Alert
Broad and Cassel
Disability did not have to be the "sole cause" of an adverse employment action in order for a Plaintiff to recover..
Failure to Provide Birth Control in Health Plans Constitutes Sex Discrimination
Barry J.E. Greve of Thompson, Coe, Cousins & Irons, LLP
A Washington State federal judge ruled company health insurance plans that cover most prescription drugs but not birth control pills illegally discriminate against women.
Prohibiting Improper Relationships Between Supervisors and Subordinates
Nixon Peabody LLP
This article reviews why a company may want to implement a policy against prohibiting romantic relationships between supervisors and subordinates.
Dissatisfied Employees Sue at Record Pace
Douglas B. M. Ehlke of Ehlke Law Offices
Lawyers Weekly USA newspaper reported a 2004 Chubb Insurance Co. survey of private employers wherein pervasive statistics reveal unprecedented employee unrest:
One in four companies surveyed had been sued by an employee or former employee in recent years, one in five had received a discrimination complaint filed with the EEOC or similar state agency.
Equal Pay Claim Under Title VII and Elliot-Larsen Fails
Stefanie K. Longhofer of Honigman Miller Schwartz and Cohn LLP
Plaintiff was a manager/buyer in the children's department of Defendant's department store in Rochester. After leav.
Recent Harassment Case Illustrates Importance of Corrective Action and Consistency in the Enforcement of Harassment Policies
Joycelyn A. Stevenson of Boult, Cummings, Conners & Berry, PLC
The Third Circuit Court of Appeals in Austin v. Norfolk Southern Corp., 158 Fed. Appx. 374 (3d Cir. 2005) recently issued a decision finding that in certain situations, an employer?s efforts to eradicate sexual harassment in the workplace may be considered sufficient and nondiscriminatory even if the complaining employee continues to experience harassment on a lower scale. The court also tackled the issue of successor-employer liability and whether the actions of a former employer may be imputed to the successor employer to show retaliation in violation of Title VII.
What You Need To Know about Sexual Harassment and Discrimination
John M. Green, Jr. P.A.
Both Federal and Florida law provide remedies for victims of sexual harassment and discrimination. Federal remedies.
The "Female-Friendly" Workplace
Christine Stolba* of The Federalist Society
The latest public shaming effort to make news was organized by the National Organization for Women. NOW recently revived its "Women Friendly Workplace Campaign" by naming Wal-Mart, the country's largest private employer, a "Merchant of Shame."
Discrimination Based on Sex
Walker & Chambers, Attorneys and Counselors at Law
Introduction Generally, there are five (5) categories of discrimination that the law prohibits from taking pla.