He said he refused his company’s Bible study. After being let go, he’s suing.

From today’s Washington Post:

A 34-year-old painter is suing Dahled Up Construction, a company based south of Portland, Ore., for allegedly firing him after he refused to join a Christian Bible group for employees. Ryan Coleman is seeking $800,000 from the company after its owner allegedly said participation in the Bible group was required if he wanted to keep his job.

Coleman told The Washington Post that when he explained to the company’s owner, Joel Dahl, that he had different beliefs, Dahl said: “If you want to keep your job, everybody needs to attend. If not, I’m going to be forced to replace you.”

Coleman said he initially took part in the weekly, hour-long Bible classes for six months, fearing he wouldn’t be able to find another job.

Dahl’s attorney, Kent Hickam, described Dahl as a “second-chance employer.” Dahl told the Oregonian that he once served prison time for attempted second-degree assault and struggled with drugs and alcohol. He said he started Dahled Up Construction in 2016 after years of staying sober with the hope of hiring other convicted felons or those who have battled addiction.

Read the complete article here.

Opinion: The ‘Manly’ Jobs Problem

From today’s New York Times:

Insults, groping — even assault. That kind of sexual harassment came along with being one of the very few women on a construction site, in a mine, or in a shipyard. Those professions remain male-dominated and the harassment can seem, for countless women, to be intractable.

But what if the problem isn’t simply how their male co-workers behave? What if the problem is the very way society has come to see the jobs themselves? Some jobs are “male” — not just men’s work, but also a core definition of masculinity itself. Threatening that status quo is not just uppity — it can be dangerous.

This dynamic plays out in workplaces of all classes and crosses partisan political lines. But it is particularly stark in the blue-collar jobs that once scored a kind of manly trifecta: They paid a breadwinner’s wage, embodied strength and formed the backbone of the American economy.

As Christine Williams, a professor of sociology at the University of Texas at Austin, pungently put it, women in so-called men’s jobs are labeled either “sluts or dykes,” each abused in their own ways. Although statistics are spotty, some studies have concluded that sexual harassment is more regular and severe in traditionally male occupations. And a Times Upshot analysis of blue-collar occupations showed that women’s presence in these jobs stayed static or shrank between 2000 and 2016.

Women are so scarce in these trades that some men refuse to see them as women. The only woman in a repair crew at wind-farm sites charged in a lawsuit that her co-workers called her by male nicknames, from common to obscene, because they thought only a man could handle the job. Men suggested she must have a penis or be a lesbian.

Read the complete article here.

Actresses—and Millions More Workers—Have No Federal Sexual Harassment Protections

From today’s Nation by Bryce Covert:

After the New York Times dropped its bombshell investigation into decades of sexual harassment perpetrated by film producer Harvey Weinstein, and the New Yorker followed up with allegations of not just harassment but sexual assault, dozens of women in Hollywood have come forward with stories about his harassment and abuse. But until these articles were published, Weinstein faced few repercussions for his behavior.

There are a number of reasons why most of these women may have decided against reporting what happened to them. Many actresses talked about their fear that Weinstein would exact retribution by blacklisting them in the industry—something some victims said they experienced simply for rebuffing his advances. They likely worried no one would believe them or take them seriously. One of the few women who did report his behavior to the authorities, Italian model Ambra Battilana Gutierrez, even wore a wiretap and caught Weinstein apparently admitting to assaulting her, only to watch Manhattan District Attorney Cyrus Vance Jr. drop her case over what he said was lack of evidence supporting a criminal charge.

But there’s another reason why actresses harassed by Weinstein may have been discouraged from reporting sexual harassment. Any who were working on a Weinstein film were almost certainly classified as independent contractors, not regular employees. And that means that the anti-discrimination and sexual harassment protections of federal law didn’t apply to them.

It’s a problem not just in Hollywood, but throughout the economy, in industries as diverse as real estate, trucking, technology, and home health care. And the problem is growing. As more companies classify their workers as independent contractors or push workers into nontraditional employment arrangements, an increasing number of people are at risk of having virtually no recourse for on-the-job harassment.

Workplace discrimination and harassment based on sex are prohibited under Title VII of the Civil Rights Act, which outlaws “employment practice[s] [that] discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” If an employee feels she is being harassed at work, she can file a complaint with the Equal Employment Opportunity Commission, the first step in taking legal action. But the catch is she has to be an employee for Title VII protections to apply. Independent contractors, temp workers, and those employed by contracting companies are not covered under the law. “Title VII has to be related to employment,” explained Catherine Ruckelshaus, program director at the National Employment Law Project. Anyone who’s not a traditional employee can’t easily bring claims under it. “The more attenuated you get from an employment relationship, the harder it is under Title VII.”

Read the entire article here.

DOJ Says Title VII Law Doesn’t Protect LGBTQ Employees From Discrimination

From today’s New York Times by Alan Feuer

The Justice Department has filed court papers arguing that a major federal civil rights law does not protect employees from discrimination based on sexual orientation, taking a stand against a decision reached under President Barack Obama.

The department’s move to insert itself into a federal case in New York was an unusual example of top officials in Washington intervening in court in what is an important but essentially private dispute between a worker and his boss over gay rights issues.

“The sole question here is whether, as a matter of law, Title VII reaches sexual orientation discrimination,” the Justice Department said in a friend-of-the-court brief, citing the 1964 Civil Rights Act, which bars discrimination in the workplace based on “race, color, religion, sex or national origin.” “It does not, as has been settled for decades. Any efforts to amend Title VII’s scope should be directed to Congress rather than the courts.”

The department filed its brief on Wednesday, the same day President Trump announced on Twitter that transgender people would be banned from serving in the military, raising concerns among civil rights activists that the Trump administration was trying to undermine lesbian, gay, bisexual and transgender rights won under previous administrations.

The filing came in a discrimination case before the United States Court of Appeals for the Second Circuit involving Donald Zarda, a skydiving instructor. In 2010, Mr. Zarda was fired by his employer, a Long Island company called Altitude Express. Before taking a female client on a tandem dive, Mr. Zarda told the woman he was gay to assuage any awkwardness that might arise from his being tightly strapped to her during the jump. The woman’s husband complained to the company, which subsequently fired Mr. Zarda. Mr. Zarda then sued Altitude Express, claiming it had violated Title VII.

Read the entire article here.