Since the passage of the Civil Rights Act of 1964 (Title VII), signed into law by President Lyndon Johnson, Title VII has become a fixture in private workplaces across the nation. Amended over the years, Title VII became synonymous with workplace protection against sexual harassment in the wake of Professor Anita Hill’s allegations against then Supreme Court nominee Clarence Thomas in 1994. For the last quarter of a century and counting Title VII continues to be the primary mechanism by which sexual harassment and gender discrimination is identified and dealt with administratively through the Equal Employment Opportunity Commission and its state law counterpart agencies, and through private civil litigation brought in federal courts in all fifty states.

While Title VII remains ubiquitous in discussions about sexual harassment in the private workplace, historically speaking the same cannot be said for employers in Indian Country. That is primarily because tribes were not

Apr 26 2022

Chicago Fire Department makes progress, but not enough, toward ending racial, sexual discrimination

Retaliation

A Chicago Fire Department that remains 91% male and 64% white has made some, but not all, of the changes needed to stop sexual and racial discrimination and protect employees who complain about it from retaliation, a new report concluded Tuesday.

Last year, Chicago’s now-former Inspector General Joe Ferguson shined a glaring spotlight on the white male bastion of city government and demanded immediate changes in policy, training and employee protection.

The audit was accompanied by a survey in which 73 of all 285 respondents, both male and female — that’s 26% — reported experiencing sexual harassment “at least once” at CFD.

Even more troubling was the rate of sexual harassment of women. Out of 45 female survey respondents, 28 — 62% — reported being

Mar 30 2022

EEOC to Add Non-Binary Gender Option to Discrimination Charge Intake Process

Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it will promote greater equity and inclusion for members of the LGBTQI+ community by giving individuals the option to select a nonbinary “X” gender marker during the voluntary self-identification questions that are part of the intake process for filing a charge of discrimination.

This announcement comes on Transgender Day of Visibility, which recognizes the resilience and accomplishments of the transgender community.

“The addition of a nonbinary gender marker to the EEOC’s charge intake process will be an important step to promote greater inclusion for members of the LGBTQI+ community,” said EEOC Chair Charlotte A. Burrows. “To advance our mission to prevent and remedy employment discrimination, we must serve all workers, including those who do not identify as male or female. Our public-facing forms should make clear that we respect that diversity.”

Recognizing that the binary construction of gender as either

Dec 26 2021

Equal pay appeal by US women soccer players set for March 7

Discrimination

Oral arguments in the appeal by players on the U.S. women’s national soccer team who are seeking equal pay have been scheduled for March.

The 9th U.S. Circuit Court of Appeals said Sunday the hearing will take place at 9:30 a.m. on March 7 in Pasadena, California. Under circuit court procedures, the identities of the three judges on the panel will be released publicly on Feb. 28.

“We hope 2022 will be the year of peace and health — and equal pay. We look forward to these oral arguments,” players spokeswoman Molly Levinson said in a statement.

Players led by Alex Morgan sued the U.S. Soccer Federation in March 2019, contending they have not been paid equitably under their collective bargaining agreement compared with what the men’s team receives under its agreement, which expired in December 2018. The women asked for more than $64 million in damages plus $3 million in interest under the Equal Pay Act and Title VII of the Civil Rights Act of 1964.

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