Seyfarth Synopsis: The narrow but unanimous ruling in Fulton v. City of Philadelphia does little to clarify for employers the tensions between religious liberties and LGBTQIA anti-discrimination rights....more
For decades, courts and practitioners have struggled with whether federal law protects employees against discrimination on the basis of sexual orientation and gender identity. Yesterday, in a landmark 6-3 decision authored by...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Seyfarth Synopsis: Yesterday, the Supreme Court granted review to a trio of Title VII cases raising the issue of whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. The Court’s...more
4/23/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Certiorari ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
In a largely symbolic ruling, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the Supreme Court ruled 7-2 in favor of a cake shop owner who refused to make a wedding cake for a gay couple based on his...more
6/7/2018
/ Administrative Agencies ,
Anti-Discrimination Policies ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
LGBTQ ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Private Sector ,
Religious Discrimination ,
Reversal ,
Same-Sex Marriage ,
SCOTUS
Seyfarth Synopsis: Oral argument suggests the Supreme Court is narrowly divided on how to reconcile non-discrimination protections for LGBT individuals with claims for religious liberty, with Justice Kennedy appearing likely...more
12/11/2017
/ Anti-Discrimination Policies ,
Employment Policies ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Freedom of Religion ,
LGBTQ ,
Ltd. v. Colorado Civil Rights Commission ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Oral Argument ,
Public Accommodation ,
Same-Sex Marriage ,
SCOTUS ,
Sexual Orientation Discrimination
Seyfarth Synopsis: The Supreme Court announced that it would not hear an appeal from the City of Houston in a case challenging the city’s ability to offer spousal benefits to same-sex spouses of municipal employees. By...more
Seyfarth Synopsis: The Texas Supreme Court held that the U.S. Supreme Court’s landmark marriage equality decision, Obergefell v. Hodges, did not dispositively address how far government employers must go in providing benefits...more
7/10/2017
/ Benefit Plan Sponsors ,
Employee Benefits ,
Equal Protection ,
First Amendment ,
Fourteenth Amendment ,
Free Exercise Clause ,
Free Speech ,
Freedom of Religion ,
Marriage Equality ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Obergefell v. Hodges ,
Public Accommodation ,
Same-Sex Marriage ,
SCOTUS ,
TX Supreme Court
Seyfarth Synopsis: The Seventh Circuit becomes the first appellate court to hold that discrimination on the basis of sexual orientation is prohibited as sex discrimination under Title VII. The decision establishes a circuit...more
Seyfarth Synopsis: The U.S. Departments of Justice and Education jointly issued a “Dear Colleague” letter yesterday withdrawing and rescinding the Obama Administration’s prior guidance letters which instructed schools that...more
2/26/2017
/ Colleges ,
Dear Colleague Letter ,
Department of Education ,
Department of Justice (DOJ) ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Obama Administration ,
Public Schools ,
School Restrooms ,
SCOTUS ,
Sex Discrimination ,
Students ,
Title IX ,
Transgender ,
Trump Administration ,
Universities ,
Withdrawal
On October 28, 2016, the U.S. Supreme Court agreed to hear an appeal in the matter of Gloucester County School Board v. G.G., which asks the Court to weigh in on the issue of restroom access for transgender students. The...more
11/22/2016
/ Department of Education ,
Discrimination ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Public Schools ,
School Restrooms ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title IX ,
Transgender
Seyfarth Synopsis: Currently before the Supreme Court are two petitions regarding the thorny legal question of which organizations can qualify for ERISA’s Church-plan exemption. If the Supreme Court grants certiorari and...more
10/12/2016
/ Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
Church Plans ,
Churches ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Exemptions ,
First Amendment ,
Health Insurance ,
Healthcare ,
Hospitals ,
Petition for Writ of Certiorari ,
Religious Institutions ,
SCOTUS
In a closely observed federalism battle over the scope of ERISA preemption, the Supreme Court came down on the side of Federal power. Specifically, in Gobeille v. Liberty Mutual Insurance Company, the Court, in a 6-2 ruling,...more
It’s a common fact pattern. A plan participant is injured and received benefits for treatment of his injuries. The participant then sues a third party for damages based on his injuries. The plan then seeks to recover a...more
Does filling out a form burden religious beliefs? We’re about to find out. On November 6, the Supreme Court agreed to review a group of seven cases (led by No. 14-1418, Zubik v. Burwell) brought by religious non-profit...more
The Obama administration continues to use its executive authority to expand societal inclusion of transgender individuals. On September 3, the Department of Health and Human Services issued proposed rules under Section 1557...more
9/16/2015
/ Affordable Care Act ,
Burwell v Hobby Lobby ,
Department of Health and Human Services (HHS) ,
Employer Group Health Plans ,
Gender Discrimination ,
Health Insurance ,
Healthcare ,
Hobby Lobby ,
LGBTQ ,
Obama Administration ,
Public Health Insurance Marketplace ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Transgender
In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question:
Counsel, I’m not sure it’s necessary to get into sexual orientation to resolve the...more
In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question:
Counsel, I’m, I’m not sure it’s necessary to get into sexual orientation to resolve...more
5/7/2015
/ Benefit Plan Sponsors ,
Discrimination ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fourteenth Amendment ,
LGBTQ ,
Oral Argument ,
Popular ,
Same-Sex Marriage ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII
Background -
Today, the U.S. Supreme Court heard oral argument on two questions regarding the Constitutionality of state laws limiting marriage to opposite-sex couples. In 2013, the Supreme Court side-stepped the issue...more
4/28/2015
/ Anti-Discrimination Policies ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Hollingsworth v Perry ,
LGBTQ ,
Marriage Equality ,
Same-Sex Marriage ,
Same-Sex Marriage Bans ,
SCOTUS ,
Title VII ,
US v Windsor