Sex Discrimination

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    In 1963, Congress passed the Equal Pay Act (EPA) as an amendment to the Fair Labor Standards Act (FLSA) to “prohibit discrimination on account of sex in the payment of wages by employers.” In general, the EPA applies to most employees for work done for most employers, although there are certain exceptions. The Act prohibits pay...

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    Under an amendment to the Fair Labor Standards Act (FLSA) made by the Affordable Care Act (ACA), employers must provide time for employees to express breast milk in a suitable private location. However, does an employer discriminate if an employee becomes extremely uncomfortable while waiting for access to a designated lactation room? Read on to...
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    After a civil rights claim is filed with a municipal human rights commission in Iowa, an administrative law judge (ALJ) may conduct a hearing to determine whether the employer acted lawfully. The ALJ's decision is then subject to review by the local human rights commission and the state courts. Read on to learn what the Iowa Court of Appeals...
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    The 6th Circuit recently upheld the dismissal of a sex discrimination case against an employer that suspended an employee, and later reassigned her, based on its honest belief that both actions were warranted by her misconduct. Facts Nanoka Carroll worked for the Ohio Department of Administrative Services (ODAS). As part of her duties, she...
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    Many employers are aware that when an employee files a lawsuit alleging unlawful discrimination, state tort (wrongful act) claims such as intentional infliction of emotional distress are usually tacked on. Although tort claims spring out of the same set of facts, the burden of proof may be different, and monetary penalties can vary greatly....
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    In a recent Massachusetts state court case, a Boston employer learned that even a seemingly objective consensus-driven employment decision can leave the door open for a claim of discrimination. A business consultant who was fired after a poor performance review was allowed to proceed with her case after the court decided that her manager's...
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    EEOC sees record year for monetary recovery. The Equal Employment Opportunity Commission (EEOC) has released data for the 2013 fiscal year showing that the agency obtained the highest monetary recovery in agency history — $372.1 million. During the fiscal year, which ran from October 1, 2012, to September 30, 2013, the agency handled 93,727...
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    Statistics recently released by the Hawaii Civil Rights Commission (HCRC) for fiscal year (FY) 2013 show a dramatic increase in the number of sex discrimination complaints filed by employees. The commission's annual report also shows that the length of time it takes to investigate a charge has increased tremendously. Sex bias claims surpass...
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    The U.S. 8th Circuit Court of Appeals (whose rulings apply to Arkansas employers) recently held that an employee failed to satisfy all the elements required to prove her claims of sexual discrimination, hostile work environment, constructive discharge, and retaliation. Facts Loretta Rester worked as a graphic designer at the Hot Springs...
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    The U.S. 8th Circuit Court of Appeals (whose rulings apply to all Minnesota employers) recently held that a supervisor's loud and abrasive behavior toward an employee couldn't support the employee's claims for sex discrimination, hostile work environment, constructive discharge, and retaliation because she wasn't terminated or demoted and there...
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