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Take Note (Andy) (Feb 25-29)_Notes

Take Note (Andy) (Feb 25-29)_Notes - I The federal law does...

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I. The federal law does not [yet] provide a basis for recovery for discrimination based on gender identity. A. The 1990 Americans with Disabilities act specifically excludes transexuality as a disability. B. State statutes may provide protection in this matter. (ex. NJ, CT, MN) C. In Goins v. West Group, the plaintiff was a male who petitioned a court to legally change his name and gender to a female. a. She began working for West Group in New York and was transferred to Minnesota. b. The other women in the office were not comfortable with her using their restroom. c. The employer said to use the unisex restroom but the plaintiff said this was discrimination. d. The court sustained the employer’s actions; reasoning that the bathroom segregation is based on cultural perceptions rather than gender per se. D. Most transgender cases involve termination or harassment. II. There are two causes of action for sexual harassment: A. Quid pro quo a. The plaintiff (a member of the protected class) must’ve been subjected to unwanted sexual conduct or treated differently because of gender. b. The plaintiff’s reaction to the conduct must’ve been used as a basis for the decisions affecting his or her job status (i.e. compensation, promotion). c. The most obvious example: a female subordinate who is denied advancement opportunities for denying her supervisor’s sexual advances.
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d. The plaintiff must convince the judge or jury of a cause-effect relationship B. Hostile environment a. This has only been a viable cause of action since Harris v. Forklift Systems in 1993. b. The plaintiff must prove that the workplace is “permeated” with discriminatory intimidation, ridicule, and insult that are sufficiently severe to create an abusive working environment VII. Sidley & Austin [law firm with 1700 partners] announced it was getting ride of many partners over the age of 50 to make room for younger employees.
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