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Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

EEOC Issues Proposed Enforcement Guidance on Harassment and Addresses LGBTQ and Racial Employment Issues

Sexual orientation, gender identity, and race continue to be widely discussed and politicized throughout the U.S. Issues related to these protected categories also continue to arise in the workplace. The EEOC recently issued...more

Accommodating Transgender Employees Starts With Compassion

Compassion can be a wonderful tool in many of the things we do in Human Resources and the labor and employment legal world. It’s also a great starting point when an employee walks into an HR or supervisor’s office to say...more

Anti-LGBTQ Bias – Not Just for Employment – So Don’t Discriminate in Housing, Health Care, Education, or Accommodations Either

When the U.S. Supreme Court ruled last year (in the “Bostock” case) that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation and transgender status, many predicted the...more

The Story of Hannah and Bob – Why Employers Cannot Discriminate Against LGBT Employees

To illustrate why an employer violates federal employment law by discriminating against gay, lesbian, bisexual, and transgender (LGBT) people, the United States Supreme Court majority told the stories of Hannah and Bob. More...more

Even If Sexual Orientation And Gender Identity Are Not Covered By Title VII -- Very Much an Open Question -- LGBTQ Employees May...

Some pretty horrifying facts about workplace conduct at the Providence, R.I., Fire Department involving co-workers: calling a female lieutenant firefighter “bitch” “c—t,” “lesbian lover,” and “lesbo”; telling her, “I don’t...more

Predictions And Practical Tips From EEOC Leadership

Some of our attorneys attended an update meeting with the Equal Employment Opportunity Commission’s (EEOC) Miami leadership on June 16, 2017. Mike Farrell is the EEOC Miami District Director, and Bob Weisberg is the EEOC...more

Mandatory Flu Vaccinations? Immunize Yourself Against Religious Discrimination Claims

You are an HR generalist at a 300-bed community hospital. Your boss has instructed you to make sure that all personnel files document that the employee received the hospital’s annual mandatory flu vaccination. However, you...more

Transgender and Sexual Orientation Anti-Discrimination Protections — Maybe not yet the Law of the Land, but Your Policies Better...

Though most Americans do not seem to realize it, anti-discrimination legal protections in employment for transgender, gay, bisexual, and lesbian (LGBT) employees are not uniform across the U.S. In fact, the federal Employment...more

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