Time & Attendance
By Jon Hyman
Jan. 12, 2016
As I thought of which David Bowie song to support today’s effort, the one that leapt to mind is “Space Oddity” (I was going to use “Changes”, but Dan Schwartz already claimed it for his post yesterday).
To me, it is a complete oddity that, in the 2016, it is still statutorily legal for an employer to fire an employee because of that employee’s sexual orientation. On this point, the EEOC and I see eye-to-eye. The difference, however, is that the EEOC is in a position do so something about it. What it is not doing is sitting around and waiting for Congress to do something about it.
In a thorough 27-page amicus brief filed last week, the Agency details why it believes that Title VII already prohibits sexual-orientation discrimination as unlawful sex discrimination.
Sexual orientation discrimination claims necessarily involve illegal sex stereotyping, illegal gender-based associational discrimination, and impermissible consideration of a plaintiff’s sex, placing them squarely within Title VII’s prohibition against discrimination on the basis of sex.
The entire brief (available here, courtesy of EEOC Commissioner Chai Feldblum) is worthy of your time and attention, as is the issue of why we still need to have a debate that should have been settled long ago.
An oddity indeed.
Come see what we’re building in the world of predictive employee scheduling, superior labor insights and next-gen employee apps. We’re on a mission to automate workforce management for hourly employees and bring productivity, optimization and engagement to the frontline.
ComplianceMinimum Wage by State in 2023 – All You Need to Know
Summary Twenty-three states and D.C. raised their minimum wage rates in 2023, effective January 1. Thr...
federal law, minimum wage, pay rates, state law, wage law compliance
LegalNew Labor Laws Taking Effect in 2023
The new year is fast approaching, and with its arrival comes a host of new labor laws that will impact ...
labor laws, minimum wage, wage and hour law
LegalWage and Hour Laws in 2022: What Employers Need to Know
Whether a mom-and-pop shop with a handful of employees or a large corporation staffing thousands, compl...
compliance, wage and hour law