The COVID-19 coronavirus doesn't discriminate between men and women, but the same can't be said of the pandemic's impact on the U.S. workforce.
You may know that federal law prohibits an employer or prospective employer from treating an employee or prospective employee differently because she is pregnant. But can an employer maintain a list of employees it knows to be pregnant? As with many other issues in employment law, the permissibility of such a practice likely depends on the circumstances, the intent, and the manner in which the list is maintained and distributed.
A few weeks ago, the California state legislature passed a bill that unequivocally prohibits employers from using an employee's prior salary, even in combination with legitimate factors, to justify a gender- and race-based pay differential for performing the same or similar work. The new legislation, which California Governor Jerry Brown signed into law on July 18th, reflects a welcome trend both at the federal and state levels to combat a common pay practice that has perpetuated the gender pay gap for decades: basing new employee compensation on the applicant's salary history.
In a groundbreaking en banc decision, the Second Circuit became the second appellate court to hold that Title VII recognizes sexual orientation discrimination claims as impermissible sex discrimination per se. Zarda v. Altitude Express, Inc. also expressly overturned the Circuit's prior holdings in Simonton v. Runyon and Dawson v. Bumble & Bumble, deepening a circuit split over the question.
Although Doug Jones' victory over Roy Moore in Alabama last week was by the smallest of margins (Jones won by just 0.5 percent), we can view this as part of a turning tide for American working women, for women professionals, political leaders, social leaders and the great mass of female American employees who turn the cogs of our economy.
What happens when victims of sexual harassment reach out to a lawyer, and what are some of the roadblocks stopping victims from coming forward? Individual Practice Area Associate Nina Frank was interviewed at Levo and answered common questions about sexual harassment in the workplace, what the law covers, and what victims can do.
Co-Written by Outten & Golden LLP Law Clerk Ryan Elias
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.
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.
Donald Trump makes us cringe, but like a stopped clock, he's right once in a while. He says a woman who experiences workplace sexual harassment should find an other job, or even an other career. All too often, that is exactly what happens. Allow us to explain.