The U.S. Supreme Court recently ruled in Bostock v. Clayton County that firing employees because of their sexual orientation or gender identity is a violation of Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of a person’s sex. Title VII applies to most employers in the United States with fifteen or more employees. The Court ruled that when employers fire employees who are homosexual or transgender, that employer “fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.” The Court reasoned that it is not possible for an employer to make an employment decision based on an employee’s sexual orientation without considering sex. Since 1964, Title VII of the Civil Rights Act has forbidden employers from discriminating against its employees because of their sex. Simply put, when Title VII applies, employers cannot fire an employee because they are gay, lesbian, or transgender. This applies even to employment decisions that occurred prior to the date of the Supreme Court’s opinion. The full opinion can be found at this link: https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf
The Supreme Court of the United States ruled 6-2 recently to reject Tyson Foods challenge of a class action award for certain of its employees. The lower court had entered judgment of nearly $5.8 million for the class action lawsuit that arose because of alleged underpayment of wages. Over 3,000 workers sued Tyson to be compensated with overtime pay for time that they had spent putting on and removing protective clothing before using sharp knives used for their job. Tyson did not log these employees hours, so plaintiffs’ attorneys instead used statistics experts to estimate the amount of overtime wages that Tyson owed to the plaintiffs by analyzing video footage of the employees putting on and removing the protective gear. Tyson Foods argued that the class should not have been allowed because it relied on representative evidence and statistics that assumed all class members were identical to the average in order to calculate liability and damages. The Supreme Court rejected Tyson’s argument. The Court explained: “[i]n many cases, a representative sample is ‘the only practicable means to collect and present relevant data’ establishing a defendant’s liability.” See Tyson Foods, Inc. v. Bouaphakeo, 2016 U.S. LEXIS 2134 (U.S. Mar. 22, 2016).
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