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March 2017 Archives

Gender Discrimination is Sex Discrimination

The issue of transgender restrooms in public schools has been in the news recently.  Is gender discrimination protected under Title VII?  The United States Supreme Court was presented with this issue, but remanded the case back to the U.S. Court of Appeals for the Fourth Circuit, instead of tackling this emotionally-charged controversy. This topic has been a deeply divisive issue in many states across the country. For clarity, being "transgender" means that the person's internal gender identity is different from the sex that the person was assigned at birth (e.g., the sex listed on the birth certificate).

Accessibility and the ADA

The Americans with Disabilities Act of 1990 (ADA) prohibits employers from discriminating against potential job applicants or current employees in all aspects of employment, including hiring, firing, promotions, discipline, and job advancement. The ADA also prohibits employers from retaliating against employees who complain about being discriminated against. The ADA applies to private employers with at least 15 employees. In addition, the ADA also applies to state and local governments. Federal employees are protected by the ADA's nondiscrimination standards under section 501 of the Rehabilitation Act. 

Is teasing about your disability causing you discomfort at work?

Co-workers can sometimes be as thoughtless as school kids in terms of teasing. When it comes to your disability, old friends may understand what you have been going through and watch what they say. However, employees who are new to the company-and to your situation-may take what they think are cute remarks too far, too often. They may not realize it, but they might be crossing the line into disability discrimination, and that is against the law.

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