In the ceaseless struggle over what is meant by "similarly situated," an Eleventh Circuit splits over whether the plaintifff - a Black woman detective with a heart condition - presented enough evidence that two white male officers who failed a physical-fitness requirement were treated better. The case also considers, for an ADA claim, whether receiving a Taser shock or pepper spraying in training was an "essential function" of the job.
By now, we are all aware of former Google employee James Damore's internally published manifesto complaining of a cCompany culture of shaming that suppresses legitimate discussion about discrimination against women working in technology.
Alongside this summer's blockbuster movies and sleeper hits something else has been pulling focus in Hollywood: pay equity. And it's about time.
Gender equality in the workplace and eliminating the gender pay gap are hot topics in the news, with some large brands capitalizing on the discussion to attract female consumers. Using flashy ads, social media campaigns, and press releases, companies say that they're committed to making meaningful cultural changes in their workplaces.
Those of us in the LGBTQ community will never forget June 26, 2015, the day that the Supreme Court issued its decision in Obergefell v. Hodges, holding that the fundamental right to marry is guaranteed to same-sex couples by the fourteenth Amendment of the United States Constitution. Obergefell represented acceptance of the notion that we and our relationships deserve, as Justice Kennedy stated, "equal dignity in the eyes of the law."
Despite the more than 50 years that have passed since the enactment of the federal Equal Pay Act, based on the current rate of change it will take until 2152 - an other 135 years - for the pay gap between men and women to be eradicated in the United States. It's a sobering fact to consider on this Equal Pay Day 2017, especially in light of the new Gender Pay Gap Reporting legislation that takes effect later this week in the United Kingdom.
It seems women working in traditionally male-dominated industries, such as finance, do not just face pay inequity or discrimination and harassment - they also receive harsher, career-limiting discipline far more often than their male counterparts. That is the startling finding from a new study titled "When Harry Fired Sally: The Double Standard in Punishing Misconduct" conducted by researchers at the University of Chicago Booth School of Business, Stanford University, and the University of Minnesota.
Women often find themselves in a workplace culture dominated by traditionally male values, approaches to work, and ways of measuring success. To be included, accepted and advanced, women in a wide variety of professions, including finance, technology, medicine, and the law, must walk a fine line between seeking acceptance and ensuring equal treatment.
In August 2016, a bipartisan Massachusetts legislature and a Republican governor unanimously enacted a new pay equity law aimed at ensuring equal compensation and benefits for male and female employees in similar positions performing similar work. In addition to a general prohibition against pay discrimination, the Act includes some innovative provisions that provide examples for other states to follow in the ongoing campaign against pay inequity.