Federal law not only protects you from workplace discrimination during pregnancy, but also from discrimination after pregnancy. The Pregnancy Discrimination Act (“PDA”) of 1978 amended the Civil Rights Act to include discrimination “on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. § 2000e(k). Some federal courts have held that breastfeeding or pumping
Employee Rights
Fifth Circuit Court of Appeals Fuels Split Among Circuits on Whether Sexual Orientation is Protected Under Civil Rights Act
By Alejandra Arroyave Lopez on
The Fifth Circuit Court of Appeals in O’Daniel v. Industrial Service Solutions, released on April 19, 2019, affirmed a lower federal court’s dismissal of a lawsuit that claimed harassment and discrimination based on her heterosexual orientation. The Fifth Circuit held that there were no protections for sexual orientation employment discrimination under the law.
Bonnie
…
Lunch & Learn on March 19, 2019
By Lapin & Leichtling, LLP on
The #MeToo movement has brought many things to light over the last year along with a lot of questions about what is considered sexual harassment and what to do about it. If you are interested in learning more about these issues, Lapin & Leichtling, LLP will be hosting a Lunch & Learn on March 19,…
Can You and Your Coworkers Jointly Sue Your Employer in One Class Action for Workplace Sexual Harassment?
By Alejandra Arroyave Lopez on
You may have a situation where not only you have been the victim of sexual harassment in the workplace, but your coworkers may also have had other negative experiences with the same employer. Can all of you jointly sue the employer for workplace sexual harassment in what is called a class action or collective action?…
David versus Goliath (Part II): How Employers are Building a Bulwark Against Employee Claims
By Jan T. Williams on
So, the last time I discussed the 15 Key Steps employers should take, according to AllBusiness.com, to respond to sexual harassment claims, I mentioned “lawyering up” and being “fair” (as well as, perhaps more importantly, “appearing fair.”)
Minimizing access to information
I want to pick up with one theme I briefly touched upon…
Leveling the Playing Field: Moves Toward Ending Mandatory Arbitration
By Jan T. Williams on
Of the many advantages employers have over victims of sexual harassment, perhaps none matches the power to compel victims to arbitrate, for them to forgo the opportunity of a lawsuit in state or federal court.
Sidebar: if you don’t know, arbitration is a kind of private court, where one (or more) arbitrators act as quasi…
Son Las Mujeres Inmigrantes Mas Vulnerables al Acoso Sexual en Sus Trabajos?
By Gabriela Cortes & Lapin & Leichtling, LLP on
Una entrevista con Carmen Arce.
Mientras el mundo escucha las denuncias de acoso sexual en Hollywood, las voces de las mujeres inmigrantes y sus experiencias con relación a este tema no han estado al frente de la controversia. Las mujeres inmigrantes que han hablado de este tema lo han hecho corriendo un gran riesgo…
Are Immigrant Women More Vulnerable to Sexual Harassment in The Workplace?
By Lapin & Leichtling, LLP on
An Interview with Immigration Attorney Carmen Arce
As the world hears about sexual harassment in Hollywood, the voices of immigrant women and their experiences have not been at the forefront of the discussion. Immigrant women who have come forward have done so at great personal risk, but their experiences may be more common than…
Is a Co-Worker Sexually Harassing You?
While many claims of sexual harassment involve harassment by someone in a position of authority, the law also protects victims of sexual harassment by a co-worker.
If you believe that your co-worker is engaging in frequent, severe, and pervasive conduct that is physically threatening or humiliating, and it is interfering with your job performance, you…