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U.S. Supreme Court Holds that Title VII Requires Employees Establish only "Some Harm" as a Result of Transfer, Rejecting Lower...

Can an employer be sued by an employee for an alleged discriminatory transfer? The answer had been yes, so long as the transfer was based on a discriminatory reason and resulted in a “significant” employment disadvantage....more

Guidance for Employers to Ensure Workplaces Remain Free from Antisemitism

Executive Summary: The unprecedented increase in antisemitism in the workplace may subject employers to liability under federal and state laws prohibiting discrimination on the basis of religion, race, national origin and...more

U.S. Supreme Court Holds that Spending Clause Antidiscrimination Statutes do not Permit Recovery of Damages for Emotional Distress

Executive Summary: In a groundbreaking opinion authored by Chief Justice Roberts in Cummings v. Premier Rehab Keller, P.L.L.C., the United States Supreme Court held that damages for emotional distress are not recoverable in a...more

Department of Education Extends Title IX Protections to Gay and Transgender Students

Executive Summary: June is Pride Month. On June 16, 2021, Miguel Cardona, Secretary of the U.S. Department of Education (the “Department”) under President Joe Biden, issued a Notice of Interpretation stating that Title IX...more

Can Diversity Initiatives, Religious Freedom and LGBTQ+ Rights Co-Exist at Work? Yes, They Can

Executive Summary: Maintaining a diverse workforce is increasingly necessary for companies to be successful and competitive in the global marketplace. But what happens when diversity, equity and inclusion initiatives collide...more

President Biden Signs Executive Order Combating Discrimination Against the LGBTQ+ Community

Executive Summary: Within hours of his inauguration on January 20, 2021, President Biden signed his Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation....more

[Webinar] Supreme Court Title VII LGBTQ+ Ruling - What it Means and Next Steps for Employers - June 25th, 12:00 pm - 1:00 pm ET

Complimentary Webinar June is Pride Month and this year it has extra meaning for the LGBTQ+ community, allies and advocates.  On June 15th, Justice Gorsuch, writing for the 6-3 majority of the United States Supreme Court,...more

US Supreme Court Holds Title VII Protects LGBTQ+ Workers in Landmark Decision

June is Pride Month. This year’s Pride Month has extra meaning for the LGBTQ+ community, allies and advocates. Yesterday, June 15, 2020, Justice Gorsuch, writing for the 6-3 majority of the United States Supreme Court, handed...more

SCOTUS Scheduled to Hear Oral Arguments on Whether LGBTQ Rights Are Protected by Title VII

The next session of the Supreme Court of the United States (SCOTUS) is just around the corner. On October 8, 2019, SCOTUS will hear oral argument on three closely watched cases, Bostock v. Clayton Co., Georgia, Altitude...more

SCOTUS Certifies Three Cases to Answer the Question of Whether LGBTQ Rights are Protected by Title VII

Yesterday, April 22, 2019, the Supreme Court of the United States (“SCOTUS”) granted certiorari in three cases involving the question of whether gay and transgender workers are protected from discrimination by Title VII of...more

Supreme Court Rules ADEA Applies to All Public Employers Regardless of Size and Leaves the Door Open to Personal Liability

The first decision by United States Supreme Court this term, Mount Lemmon Fire District v. Guido, has broadened liability for small public employers nationwide by holding unanimously the Age Discrimination in Employment Act...more

Sixth Circuit Holds Transgender Status Is Protected by Title VII and Rejects Religious Freedom Restoration Act Defense

The Sixth Circuit Court of Appeals is the latest to weigh in on the heated debate as to whether sexual orientation, gender identity, transgender status and/or gender expression are protected classes under Title VII of the...more

Department of Justice Weighs In: Title VII Does Not Prohibit Gender Identity Discrimination

Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation, gender identity, transgender status and/or gender expression remains a heated debate in the courts and between...more

Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the...more

Eleventh Circuit Sets the Stage for U.S. Supreme Court Certification on Whether Sexual Orientation is Protected by Title VII

On March 10, 2017, in Evans v. Georgia Regional Hospital, a split panel of the U.S. Court of Appeals for the Eleventh Circuit held that it was bound by prior precedent that Title VII of the Civil Rights Act of 1964 does not...more

During Last Week of School Seventh Circuit Rules in Favor of Transgender Teen On Restroom Use

On May 30, 2017, on the heels of the Seventh Circuit’s ground-breaking en banc decision in Hively v. Ivy Tech. College holding that sexual orientation is a protected trait under Title VII, a unanimous three-judge panel of...more

Full Second Circuit to Revisit Its Position On Sexual Orientation as a Protected Class Under Title VII

While the Seventh Circuit definitively has held that sexual orientation discrimination is discrimination “because of sex” and, therefore, a violation of Title VII of the Civil Rights Act of 1964, as amended (as reported by...more

Full Second Circuit Asked to Revisit Prior Precedent that Title VII Does Not Protect Sexual Orientation

On April 3, 2017, in Christiansen v. Omnicom Group, Inc., the Second Circuit held that it was bound by prior precedent in ruling that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation...more

"Common Sense Reality": Seventh Circuit Holds That Sexual Orientation Discrimination Violates Title VII

In a landmark decision overruling decades of precedent, the Seventh Circuit en banc declared that sexual orientation discrimination violates Title VII in Hively v. Ivy Tech Community College. This comes as the first decision...more

Seventh Circuit Indicates It May Conclude that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more

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