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Lex Mentis - The Transvestites' Bill of Rights ( May 2006 )
In 2003, California became only the third state to enact legislation specifically protecting transgendered employees from workplace discrimination. It did so, moreover, in a clumsy and ill-defined fashion that will likely lead to considerable mischief in the courts in California and a spread of this movement to other states. California's new law will pose a significant challenge for employers who will now have to assimilate transgendered employees into the workforce. A few large employers have already adopted rules and guidelines for the treatment of transgendered employees. -
On May 17, 2004, same-sex couples, meeting all other eligibility requirements, will be entitled to apply for and obtain marriage certificates within the Commonwealth of Massachusetts. While the entitlement of same-sex couples to marry in Massachusetts is clear, what this decision means for Massachusetts and out-of-state employers in administering their employment policies and benefits plans, remains far from clear.
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Employer Quandaries On Same-Sex Marriage ( December 2003 )
In Goodridge v. Department of Public Health, the Supreme Judicial Court of Massachusetts recently decided that under the Constitution of the Commonwealth, it is unlawful to deny marriage licenses to same-sex couples. As a result, it is possible that by sometime next year, same-sex couples will be permitted to marry in Massachusetts and be subject to the rights and responsibilities of civil marriage. -
The Customer Is Always Right And, In California, TheCompany May Always Be Liable: AB 76 Makes EmployersResponsible For Unlawful Harassment By Non-employees ( November 2003 )
On the eve of the recent Gubernatorial Recall Election, after sexual harassment allegations surfaced regarding his opponent, outgoing California Governor Davis signed into law Assembly Bill 76, making employers potentially liable for the unlawful harassment of their employees on the basis of sex or any other protected status by a customer, client, contractor or any other non-employee-third party over whom the employer may have no control. -
Transgender Employee Required to Use Restroom of His Biological Gender ( September 2002 )
The Minnesota Supreme Court upheld an employer's decision to require a biologically male employee to use the men's restroom despite his "transgender" female self-image. The employee was born male but considered herself female. -
Religion in the Workplace ( June 2001 )
In California, a homosexual employee is taking his former employer to trial for religious discrimination based on comments by his Mormon supervisor. The supervisor allegedly told the gay employee he should "become heterosexual and a Mormon or he would go to hell." The plaintiff also claims he was pressured to participate in prayer meetings at work. -
The West Coast Employer ( April 2000 )
Inside this edition of the West Coast Employer the following topics are discussed: Federal Appeals Court affirms large retaliation award in sex discrimination case; Oregon Court applies strict limits to claims of retaliation; and Washington High Court extends effect of law against discrimination to employees of exempt small employers. -
Major Changes To California's Fair Employment And Housing Act Provide Increased Protections To Employees ( October 2000 )
Several sweeping changes to the California Fair Employment and Housing Act ("FEHA") took effect January 1, 2000. .
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