Employment Discrimination

How Far Has The Women's Movement Moved In The Last 40 Years?

By Lenora M. Lapidus, Women's Rights Project at 3:40pm

Forty years ago, the American Civil Liberties Union (ACLU) board of directors determined that women's rights should be...

Updated EEOC Guidance on Criminal Records: Neither the Apocalypse nor the Total Solution

By Vanessa Torres Hernandez , ACLU of Washington at 11:26am

Last week, the federal Equal Employment Opportunity Commission issued updated guidance on employers' use of criminal records to screen potential employees. On the day the guidance was published, we applauded the EEOC for helping to balance the civil rights of workers with the legitimate concerns of employers. Now that the dust has settled, some groups have complained that the EEOC guidance creates new law that will prevent employers from ensuring safety in the workplace. Are those criticisms well-founded? In a word: no.

Why ENDA's Religious Exemption Must Be Narrowed

By Ian S. Thompson, ACLU Washington Legislative Office & Dena Sher, ACLU Washington Legislative Office at 10:21am

Remarkably, there are only 16 states that currently have workplace non-discrimination laws that are fully inclusive of LGBT people. This leaves LGBT people vulnerable to workplace discrimination in well over half of the country–an unacceptable situation that must be changed.

To address this, last week, the Employment Non-Discrimination Act (ENDA) was reintroduced in Congress. The legislation would prohibit employment discrimination based on sexual orientation and gender identity in most American workplaces, a critically important step towards full equality for LGBT people.

On the First Anniversary of Wal-Mart v. Dukes: Stand Up or Be Trampled

By Deborah J. Vagins, ACLU Washington Legislative Office at 10:27am
Image above: Betty Dukes with Senator Al Franken. The author, Deborah Vagins, to the immediate right, joined by coalition partners.

Over a decade ago, I had the great honor to be part of a team representing Betty Dukes, an employee at Wal-Mart who had received unfair treatment at her job and had decided to do something about it. Betty soon became the face of a large class of women who worked at Wal-Mart and faced similar types of discrimination in the workplace. These women banded together, from all across the country, to take on sex discrimination at one of the world’s largest employers—and through it all, Betty Dukes remained at the forefront fighting for justice. “In this life,” said Betty, “you have to stand up or be trampled.”  The ACLU co-authored a brief before the Supreme Court, joined by a large number of civil rights groups, highlighting the gender stereotypes that the women were banding together to challenge.

"Our Journey is Not Complete" – Equal Pay Requires Passage of Paycheck Fairness Act

By Cynthia Bell, ACLU & Deborah J. Vagins, ACLU Washington Legislative Office at 10:31am

In the 50 years since President John Kennedy signed into law the Equal Pay Act of 1963, wages for women still do not equal those of men...

EEOC Breakthrough: Anti-Transgender Discrimination Is Unlawful

By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 4:16pm

Consider this: A person applies for a job at the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives as a ballistics forensic technician, is well-qualified for the position, and is offered the job. She then tells ATF that she is transitioning from male to female. A few days later, she's told the job has been cut for budget reasons. And then she learns that the job hasn't been cut, it's simply been given to someone else, who isn't transgender.

Wal-Mart Now "Women-Friendly?" We Don't Think So

By Ariela Migdal, ACLU Women's Rights Project at 4:12pm

The New York Times reported yesterday that Wal-Mart is rolling out "women-friendly plans" to buy more from women-owned businesses and to help women who work for Wal-Mart's suppliers. While the company acknowledged that the "majority" of its own employees are women, its plan (as reported in the newspaper) seems to ignore the fundamental disparities in salaries and promotions that were at issue in a nationwide class action lawsuit that the Supreme Court ruled on in June.

UPS Pushed Me Out Of The Workplace When I Got Pregnant

By Julie Desantis-Mayer at 4:15pm

I've worked at United Parcel Service (UPS) for almost 10 years.  Initially I got this job because I needed a part-time job with benefits while attending college and UPS seemed like an ideal place to work. Reality set in nine years later when I became pregnant.

At the time of my pregnancy I was classified as a full-time driver. The work that a driver does is extremely demanding, and many of those hired don’t actually last. Being a driver is strenuous and physically exhausting. During the busy season I work up to 14 hours a day under harsh conditions, and during the summer rush, the size and weight of the packages explode.

Obama Promised to Stop Government-Funded Discrimination. Has He?

By Dena Sher, ACLU Washington Legislative Office at 3:51pm

Four years ago last month, then-candidate Barack Obama promised to ensure that religious organizations that receive government funds to provide social services abide by the Constitution and are not allowed to discriminate with government funding. Today, we sent Freedom of Information Act (FOIA) requests to the Department of Justice to follow up on that promise.

ENDA Is Good, Could Be Even Better

By Ian S. Thompson, ACLU Washington Legislative Office & Dena Sher, ACLU Washington Legislative Office at 5:04pm

On Tuesday, the Senate Committee on Health, Education, Labor and Pensions held an important hearing on workplace discrimination experienced by those who are or perceived to be lesbian, gay, bisexual, or transgender (LGBT). The hearing addressed the need for federal legislation, the Employment Non-Discrimination Act (ENDA), to create uniform protections for LGBT people in the workplace.   The sad reality remains that it is legal to fire or refuse to hire workers based on sexual orientation in 29 states and gender identity in 34 states.

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