Sex Discrimination

Alleged Harasser Can Sue for Sex Discrimination, Second Circuit Rules

Finger Pointing

A male employee who was forced to resign after being accused of sexual harassment can proceed on his claim of sex discrimination because of his supervisor’s statement indicating that men have a propensity to commit sexual harassment and management’s failure to properly investigate the harassment allegation Read more

Transgender Applicant Suffered Illegal Sex Discrimination, D.C. Court Says

Library of Congress Bldg A 25-year-military veteran who was denied a position as a terrorism specialist with the Library of Congress because she was transitioning from male to female was discriminated against because of her sex, the U.S. District Court for the District of Columbia rules.
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Gender Not Proved BFOQ for Detention Facility, Seventh Circuit Holds

Although agreeing that the administrators of juvenile detention facilities, like those of female correctional facilities, “are entitled to substantial deference” when fashioning their employment policies, the Seventh Circuit rules that this discretion is not unlimited.
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Infertility Treatments Could Be Basis of Sex Bias Claim

pregnant woman A female employee who claimed that she was terminated for taking time off from work to undergo in vitro fertilization has stated a “cognizable sex-discrimination claim” under the Pregnancy Discrimination Act, the Seventh Circuit says, reversing a lower court dismissal of the case.
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Transsexuals Not Protected Class Under Title VII Says Tenth Circuit

A transsexual bus driver who was terminated over the concern about which restroom she would use before her gender reassignment surgery was not protected by Title VII’s sex discrimination prohibition, the Tenth Circuit rules. Read more

Employer hiring unqualified male over unqualified female must defend sex discrimination, Third Circuit says.

An employer hiring someone who lacks job qualifications cannot use the absence of those same qualifications in another applicant as a basis of rejection, the Court ruled. A female had twice applied for a locksmith position along with male applicants; none of the applicants had the requisite work experience. Read more

“Tomboyish” Female Front Desk Clerk May Have Sex Stereotyping Claim

Front Desk The Eighth Circuit revives the discrimination suit of a hotel front desk clerk who claimed she was terminated by the operations director because of her “tomboyish” appearance.
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Firing Over MySpace Posting Fails to Establish Discrimination, Eleventh Circuit Rules

A probationary firefighter trainee fails to establish a discrimination claim after she was terminated for posting unauthorized pictures of her fire department, as well as modeling pictures of herself on her MySpace page, according to the Eleventh Circuit. Read more

Religious Accommodation May Not Discriminate Against Women, EEOC Letter Says

A male employee who had religious reasons for not shaking the hands of females should be assessed in light of the impact on female co-workers and customers, and on whether it would constitute harassment based on gender, an informal discussion letter from the Equal Employment Opportunity Commission Office of Legal Counsel states. Read more

Rice University Researchers Say Recommendation Letters Cost Women Jobs, Promotions

Qualities mentioned in recommendation letters for women differ sharply from those for men, and those differences may be costing women jobs and promotions in academia and medicine, according to research from Rice University. Read more