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.
The U.S. trucking industry is a paradox. With a growing shortage of drivers, trucking companies desperately need to put more people behind the wheel. At the same time, an increasing number of women are looking to enter the industry, eager for the opportunity. Instead of being welcomed, however, many encounter a hostile work environment, including egregious sexual harassment.
In a move fitting of her determined "House of Cards" character, actress Robin Wright demanded that she be paid the same salary as her co-star Kevin Spacey - or else she would go public with news of the disparity. Ms. Wright revealed the details of her ultimatum during a Rockefeller foundation event on Tuesday, later reported by the Huffington Post.
Outten & Golden LLP associate Nina Frank discusses the ways women are blamed and marginalized at work for everything from the way they talk to the way they dress. Ms. Frank suggests that women are harassed, ignored, and underpaid not because of any action or omission on their part, but as a result of a sexist system that touts its progress but has not initiated much meaningful change. For the full text of the article, click here.
The Fifth Circuit holds that discriminating against a woman who is lactating or expressing breast milk violates the Pregnancy Discrimination Act provisions of Title VII.
The Fifth Circuit grapples with how, under Title VII, a court may impute the discriminatory behavior of a co-worker to the ultimate decision-maker, in light of Staub v. Proctor Hospital, 131 S. Ct. 1186 (2011). The court reverses summary judgment, holding that a co-worker's campaign to damage a female officer's reputation and prevent her promotion could be attributed to his superiors.
Two women sales representatives who were denied promotions by hardware giant Hilti get a renewed opportunity to prove at trial that they were denied promotions because of sex, thanks to a Tenth Circuit decision on Tuesday. Among other evidence in the record: the male manager evaluating one plaintiff allegedly told her that tools "are like guns for men" and using them is "almost like second nature."
The same panel on the Sixth Circuit publishes two opinions on the same day reversing summary judgment. In the first, a gaming floor supervisor revives a case against a casino for selectively enforcing a workrule about bad deals, owing (allegedly) to race and sex. In the second, the court reminds the lower court that the Americans with Disabilities Act is special because - in contrast to There statutes - it specifically protects against discrimination in training.
Plaintiffs lately seem to be on a tear in the Seventh Circuit. Here's another reversal of summary judgment where the district court judge misapplied the McDonnell Douglas test to an Equal Pay Act case, earning the storied burden-shifting method of proof yet another swift kick by a Seventh Circuit panel.