Employer Law Report

Tag Archives: sexual

Title VII’s Anti-Retaliation Provisions Apply to Statements Made During Internal Investigations

Earlier this week, the U.S. Supreme Court released an opinion in Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee. In this case, the employer, a school district in Tennessee, conducted an internal investigation into allegations of sexual harassment against its employee relations director, Mr. Hughes. Employee interviews were conducted in connection with the investigation. When the plaintiff, Ms. Crawford, was interviewed, she informed the school district that Mr. Hughes had sexually harassed her. Following the investigation, the school district took no action against Mr. Hughes but fired Ms. Crawford, alleging embezzlement.

Ms. Crawford filed suit against the school district, claiming that …

Transsexuality-Based Decisions May Cause Problems Under Federal Sex Discrimination Laws

The decision in a recent federal court case against the United States Library of Congress shows clearly the risk an employer takes when making employment decisions based on a person’s gender identity. In Schroer v. Billington, D.D.C., Case No. 05-1090, September 19, 2008, the Library of Congress was found guilty of sex discrimination under Title VII when it withdrew a job offer just after the Library became aware that the person being hired – Diane Schroer – was undergoing medical treatments to change her sex from male to female. Ms. Schroer is a decorated military veteran and had been hired for …

Equal Opportunity Spanking Nets New Trial

This case exemplifies our reason for creating the Employment Outtakes category. 

A California (where else?)appellate court (see Orlando v. Alarm Onehas overturned a jury award of $500,000 in compensatory and $1 million in punitive damages to a 52 year old female on sexual battery and sex harassment claims that  arose out of spankings that she received during the course of "motivational meetings" to encourage the sale of security systems. Apparently, the spankings, among other rather unique motivational techniques, were administered to both male and female employees who performed poorly (for instance, by arriving at work late or not selling