Discrimination -- Sex

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    More employers faced workplace discrimination charges in 2008 than in any time in EEOC history. Last fiscal year, discrimination filings rose 15.2% with a record-setting 95,402 charges. And the threat of litigation is only expected to rise as the DOL steps up enforcement efforts by hiring more investigators. Learn the top 5 legal threats now...
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    In the October 2008 issue of Kentucky Employment Law Letter, we updated you on the Employee Free Choice Act (see "Employers: Beware of the EFCA"). While that potential landmark piece of legislation has received significant attention, numerous other changes in labor and employment law may take effect this year. Here's a brief...
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    In a case of first impression (i.e., decided for the first time), the Tenth U.S. Circuit Court of Appeals (which covers New Mexico) ruled in an unpublished decision that individual employees may not use a pattern-and-practice theory of sex discrimination to assert claims that would otherwise be barred by Title VII of the Civil...
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    The Pregnancy Discrimination Act (PDA) is back in the news as the U.S. Supreme Court considers whether AT&T violated the Act by paying reduced pension benefits based on uncredited pregnancy leave taken before enactment of the PDA in 1978. That upcoming decision may influence whether companies have to change their policies...
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    Valentine's Day is next month, and Cupid is already drawing back his bow to let his arrows go. But what happens when those arrows go straight through the hearts of two coworkers at the workplace? Should you prohibit the two from dating? Mind your own business and do nothing? What if the relationship goes sour and the two can't...
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    . . . Court also rejects retaliation claim based on alleged female stereotype . . . Title VII of the Civil Rights Act of 1964 prohibits sex discrimination when a female is subjected to treatment that puts her at a disadvantage when compared to similarly situated males. But does Title VII provide protection when a female...
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    As more and more companies struggle in this tough economy, many are forced to implement reductions in force (RIFs). Often, RIF decisions lead to litigation if not properly planned. In a recent case, the Sixth U.S. Circuit Court of Appeals (which covers Kentucky) held that an employer didn't discriminate against employees based on...
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    In the following case, the U.S. District Court for the Western District of Kentucky reaffirmed the necessity of an adverse action when trying to prove discrimination and retaliation and held that denying an employee administrative leave to participate in an Equal Employment Opportunity Commission (EEOC) proceeding isn't an adverse...
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    For a number of years, employers with fewer than six workers have been able to defend sex discrimination claims by citing the limitations established in Massachusetts General Laws ch. 151B. No longer is this the case. Heads up, small employers: You, too, can be hauled into court. Surprising news In February...
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    A New Jersey appeals court affirmed the dismissal of an employee's gender discrimination lawsuit because she was terminated for poor performance, including an error that cost the company $200,000. Facts Darleen Brunner worked for Vertis, Inc., from August 1979 until November 2003. Her last position with the...
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