What's good for the goose . . . A person who is discriminated against for not being transgender can have a valid claim under Title VII for “sex” (really, gender identity) discrimination.
In McCreary v. Adult World, Inc., a...more
On Wednesday, the Michigan Supreme Court became the first state court system in the United States to adopt a rule regarding use of preferred pronouns in court proceedings. The rule, which will take effect January 1, states as...more
The lawsuit that transformed Title VII is over.
Remember Gerald Bostock?
He filed suit against Clayton County, Georgia, alleging that he was fired because of his sexual orientation....more
I'm not sure I agree. With all due respect.
An issue that has been percolating for the past few years is whether gender dysphoria is a "disability" within the meaning of the Americans with Disabilities Act. I've posted on...more
Late summer odds and ends.
Catholic school guidance counselor supervisor is a "minister," court says. And therefore she can't sue the Archdiocese of Indianapolis for refusing to renew her contract after she entered into...more
What should employers be watching for?
Since COVID hit in full force in March 2020, many employees started working from home and having work-related discussions -- and even parties -- via videoconference.
Now that people...more
8/6/2021
/ Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Furloughs ,
Remote Working ,
Secret Recordings ,
Sexual Orientation Discrimination ,
Title VII ,
Videoconference ,
Wage and Hour
EEOC takes a stand on bathrooms and gender identity.
Well, not the whole Equal Employment Opportunity Commission. Just the chair, Charlotte Burrows (D), who has issued non-binding guidance on sexual orientation and gender...more
There's a new sheriff in town . . . . . .
so y'all better straighten up.
You probably know by now that the Biden Administration fired Sharon Fast Gustafson, the Trump-appointed General Counsel of the Equal Employment...more
3/12/2021
/ Age Discrimination ,
Biden Administration ,
EEO ,
EEOC General Counsel ,
Employee Training ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Harassment ,
Joe Biden ,
Mediation ,
Medical Leave ,
Policies and Procedures ,
Race Discrimination ,
Reasonable Accommodation ,
Retaliation ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Wage and Hour ,
Wrongful Termination
In light of his Supreme Court win in June.
The U.S. Court of Appeals for the Eleventh Circuit has revived a Title VII lawsuit filed by Gerald Bostock, who had sued Clayton County, Georgia, alleging that the county terminated...more
8/28/2020
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Test your knowledge!
How much do you know about the rights of LGBT employees? Take our quiz and find out! As always, the answers will appear after each question, so you can cheat all you want, and we'll never know. At the...more
In a 6-3 decision written by Justice Neil Gorsuch, the U.S. Supreme Court ruled today that discrimination based on sexual orientation or gender identity is a form of “sex” discrimination prohibited by Title VII.
Justice...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
The case will go on.
And we should be getting a decision from the U.S. Supreme Court very soon.
Aimee Stephens, the individual plaintiff/intervenor in R.G. & G.R. Harris Funeral Homes v. EEOC, died yesterday of kidney...more
Almost all good news for employers.
DHILLON'S FIVE PRIORITIES-
Janet Dhillon, Chair of the U.S. Equal Employment Opportunity Commission, issued her priorities for the year 2020, and employers ought to like most of...more
A bit of impeachment/employment law trivia.
The famous (or infamous, depending on your leanings or whether you are the First Lady) Pamela Karlan, the Stanford Law professor who testified in favor of impeachment of...more
Who's the "swing vote," the "parade of horribles," and more.
I'm sorry that I haven't blogged lately, but duty called. I've missed you, dear readers!
As you all knew, the U.S. Supreme Court heard oral argument last week in...more
We should know today.
The U.S. Department of Justice is reportedly trying to get the Equal Employment Opportunity Commission to reverse its position on whether "sex" discrimination in Title VII encompasses LGBT...more
Mark your calendars!
Oral argument has been scheduled in two cases that will address whether Title VII prohibits discrimination based on sexual orientation or gender identity....more
7/10/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
Court says no, in one of the weirdest cases ever.
In January, I blogged about the very strange case of O'Brien v. Industrial Service Solutions.
The plaintiff was a Human Resources Manager who saw a transgender woman in the...more
The status, the arguments, and my predictions.
I've been waiting anxiously since September for the Supreme Court to agree to review three lower court decisions on whether LGBT discrimination violates Title VII of the Civil...more
Bonnie O'Daniel was a Human Resources manager (remember that!) at a workplace in Louisiana. One day in April 2016, she went shopping at a well-known national retail store and encountered a transgender woman in the dressing...more
I'll believe it when I see it.
The U.S. Supreme Court was supposed to decide last Friday (November 30) whether to review three lower-court decisions addressing whether Title VII prohibits discrimination based on sexual...more
Delayed again!
Not long ago, I posted that the U.S. Supreme Court was going to consider tomorrow whether to review three court of appeals decisions addressing whether Title VII's ban on "sex" discrimination applies to...more
We may know by the end of this month.
According to a report in yesterday's Bloomberg BNA Daily Labor Report, the Supreme Court will consider, and hopefully decide, on November 30 whether to review lower court decisions...more
Nah. They'll just agree to disagree.
Wednesday was the deadline for the U.S. Department of Justice to respond to the petition for certiorari that was filed by R.G. & G.R. Harris Funeral Homes in the big transgender...more
Hurry up and wait.
As our readers know, there are three LGBT rights decisions that may be reviewed by the U.S. Supreme Court:-
Zarda v. Airport Express: U.S. Court of Appeals for the Second Circuit (Connecticut, New...more