Labor Law

Under what circumstances, if any, are homosexuals or transsexuals protected under Title VII?

Transsexual employees may be protected under the Title VII as well as other statues on sex discrimination. Transsexual discrimination is viewed as a passive manner of sexual discrimination though not observed by the Federal laws. Such discrimination is argued as sexual harassment and violence and therefore undermines the victim’s right of employment. This is also viewed as discrimination against the conformities of gender norms. (http://www.transgenderlaw.org/resources/caoverview.htm)

What constitutes undue hardship? Undue hardship is widely varied. This refers to all aspects that give counter balanced responses in the general environment that is leading in the employment environment. It is the provision of services and other benefits at the place of work by the employers that is aimed at benefiting a group of workers. It refers the accommodation of special needs for some groups or protected people that have illegitimate burden on the other workers.

When can an employer institute a mandatory retirement age? Mandatory retirement age is basically not a legal provision. However, an employer may be forced to give such a retirement when the mental and the physical ability of the employee cannot make him perform well at his/her position. Either, if such mental and physical problem posits severe consequences to the future of the worker.

(http://www.cato.org/testimony/ct-jg040909.html)

Must employers hire persons who are HIV positive? Explain. Yes, a person suffering from HIV is considered as having physical disability. He is protected from any discrimination. However, his/her status should be well known to the employer to secure provision of the disability status.

Do Employers have the obligation to offer paid pregnancy leave under TitleVII? Payment of maternity leave is depended on whether the employment terms provide for medical allowances and whether the woman has been entitlement to medical leave. However, if the terms of the employment does not provide this, the employer is thus under no obligation to give her payment maternity leave.

Can customer preference be used to support a restaurant’s decision to hire only female waitresses? Equal Employment Opportunity Commission rejects and forbids the interpretation of Title VII of assuming defense of customer preference for illegal discrimination. Employing female waitresses will not serve in protecting consumer preferences.

(http://www.transgenderlaw.org/resources/caoverview.htm)

Can federal government employees bring an employment discrimination suit under 42 U.S.C. Section 1981? What about 42 U.S.C. Section 1983? Explain Government employees can bring legal suit against the government under 42 U.S.C. Section 1981. According to this section, all persons who fall within U.S have equal rights of making employment contracts and that they have equal rights of bringing legal suits against any discrimination. However, under 42 U.S.C. Section 1983, he cannot bring such a suit. Such a suit is deemed illegal and may call for legal penalty by the government.

Reference

Mandatory Retirement Age. Retrieved on 23rd August 2008 from http://www.cato.org/testimony/ct-jg040909.html

Employment Discrimination Protection for Transgender People in California. Retrieved on 23rd August 2008 from http://www.transgenderlaw.org/resources/caoverview.htm