Employment discrimination

A corrections officer alleged repeated sexual harassment by her supervisor. Lower courts had dismissed her claims, finding the State had exercised due care. In Aguas v. State, 220 N.J. 494 (2015), the Supreme Court reversed, emphasizing that an employer’s implementation and enforcement of anti-harassment policies is central to evaluating negligence.

Air India, a state-owned company, required female flight attendants to retire under three circumstances: (1) upon reaching 35 years of age, with possible extensions up to 45 at the Managing Director’s discretion (2) upon getting married within the first four years of service, or (3) upon first pregnancy. In Air India v.

A framework strategic document for inclusion of the principle of gender equality in all areas of social life, providing guidelines for development of operational plans of institutions at all levels of government in Bosnia. It is orientated around three key strategic goals. First, the development, implementation, and monitoring of the program of measures for advancement of gender equality within governmental institutions.

In Alaska State Comm’n for Human Rights v. Yellow Cab, 611 P.2d 487 (Alaska 1980), the Alaska Supreme Court upheld the Alaska State Commission for Human Rights’ finding that Yellow Cab unlawfully discriminated on the basis of gender by refusing to hire a woman as a cab driver solely because of her gender.

Alaska Stat. § 18.80.220 prohibits employment discrimination by private employers, labor organizations, and employment agencies on the basis of personal characteristics that are unrelated to job performance. Covered characteristics include race, religion, color, national origin, age, physical or mental disability, sex, marital status, changes in marital status, pregnancy, and parenthood.

This Act prohibits both direct and indirect discrimination between men and women. Direct discrimination includes discrimination based on pregnancy, childbirth, or motherhood, and indirect discrimination is based other characteristics that result in sex discrimination. The Act covers discrimination in employment, equal pay and pension schemes, and excludes discrimination aimed at placing women in a privileged position or occupations in which sex is a determining factor because of the nature of the occupation in question.

The plaintiff-appellant, an employee of Totes/Isotoner Corporation, had for two weeks taken breaks without her employer’s knowledge to lactate. After the defendant fired her “for her failure to follow directions,” the plaintiff filed suit alleging wrongful termination on the basis of her pregnancy. The Butler County Court of Common Pleas granted summary judgment in favor of her employer, and the Court of Appeals of Ohio affirmed.

The study is an in-depth analysis of 190 records of cantonal conciliation hearings and judgments under the Federal Gender Equality Act, 1996 (the “Act”) over the period of 2004 to 2015 by authors Karine Lempen (Law Professor, University of Geneva) and Aner Voloder (Lawyer, Office for Gender Equality of the Municipality of Zurich).  Among the major findings and conclusions reached in the study are the following:

Two former employees of the defendant were subjected to repeated instances of sexual harassment by the clinic’s patients. The employees alleged that they complained to the defendant about the conduct, but he failed to take any corrective action. They filed suit in the Clark County Court of Common Pleas alleging sexual harassment. The court granted summary judgment in favor of the defendant, holding that Ohio law did not recognize such a claim based on the conduct of non-employees. In Anania v. Daubenspeck Chiropractic, 129 Ohio App.

The plaintiff was the co-manager of a Save-A-Lot grocery store in Memphis, where her immediate supervisor sexually harassed her daily and threatened to kill her if she reported the harassment. She reported him and transferred to another store, but suffered post-traumatic stress disorder (“PTSD”) and other psychological problems for which she sought medical treatment.