SCOTUS Drops Decisions of Import to Employers. As you may have heard, last week, the Supreme Court of the United States announced decisions in Department of Homeland Security v. Regents of Univ. of Cal., and Bostock v....more
Early in 2019, social media feeds, from Instagram to Twitter and Facebook, were filled with “10-Year Challenge” posts. To participate, users posted side-by-side pictures from 2009 and 2019, respectively, with...more
Last week, the U.S. House of Representatives passed the Equality Act, a bill that would amend federal law (including Title VII of the Civil Rights Act of 1964) to prohibit discrimination on the basis of sexual orientation and...more
While the lesbian, gay, bisexual and transgender community has made a number of important legal advancements over the last decade, it still amazes many people to learn that, under federal law, an employee can be fired because...more
Three memos with potentially important implications for enforcement were recently issued—one by EPA and two by the U.S. Department of Justice (DOJ)....more
Certainly, the trend in employment law has been toward greater equality for lesbian, gay, bisexual and transgender (LGBT) employees. Same-sex marriage is now the law of the land due to the Supreme Court’s ruling last summer...more
The U.S. Court of Appeals for the Seventh Circuit decided last week in Hively v. Ivy Tech Community College that sexual orientation discrimination is not prohibited by Title VII, consistent with a long line of appellate court...more
Employers should consider implementing anti-discrimination and anti-harassment policies in the workplace that include protections for employees based on their sexual orientation and gender identity and expression. On...more
There are many protected categories under the federal employment discrimination laws, but none of those laws mentions “sexual orientation” as a protected category. Versions of the Employment Non-Discrimination Act (“ENDA”),...more
On the heels of the landmark decision by the Supreme Court in favor of gay marriage, the EEOC held on July 15, 2015 that sex discrimination under Title VII includes discrimination on the basis of sexual orientation. Even...more
Last month, in a historic case, the U.S. Supreme Court recognized that same-sex couples—like their heterosexual counterparts— have the constitutional right to marry. On the heels of this decision, federal agencies and...more
Yesterday, companion bills were introduced into the House and Senate seeking the passage of the Equality Act of 2015, which would prohibit discrimination on the basis of sex, gender identity, and sexual orientation. The...more
In a landmark ruling on July 15, 2015 in _____ [name of charging party kept secret] v. Foxx, EEOC Appeal No. 2012-24738–FAA-03 (July 15, 2015), the U.S. Equal Employment Opportunity Commission (“EEOC’) held for the first time...more
On June 26, 2015, the Supreme Court of the United States legalized same-sex marriage throughout the country. In Oberfell v. Hodges, the Court held that Section 1 of the Fourteenth Amendment – commonly referred to as the Equal...more
In its recent landmark Obergefell decision, the United States Supreme Court held that same-sex couples have a constitutional right to marry in all states. Many employers will have to decide whether to continue benefits for...more
A former sales associate at Saks Fifth Avenue’s Houston, Texas store recently filed suit in federal court claiming discrimination based on her gender identity. Leyth Jamal is a transgender individual who identifies as a...more
By now, most employers are familiar with the list of categories protected from employment discrimination under Title VII of the Civil Rights Act: race, color, religion, national origin and sex. Additional categories are...more
As 2014 comes to a close, it has become quite clear that there is a legal trend towards expanding Title VII protection to LGBT employees. Earlier this year, the Employee Non-Discrimination Act (ENDA) was proposed to ban...more
By denying cert in seven cases covering five states, the Supreme Court effectively legalized gay marriage in most, if not all of the United States....more
This summer has been hot in temperature, but also in topics especially when it comes to balancing equal protection with sincerely held religious beliefs. A recent bill, Supreme Court decision, and Executive Order each show...more
Since 1974 – just 10 years after Title VII of the Civil Rights Act of 1964 was passed – Congress has made repeated attempts to introduce and pass legislation that would have amended the landmark Act to prohibit discrimination...more
The Employment Non-Discrimination Act is dead again, so there isn’t a federal law prohibiting discrimination based on sexual orientation. Is there any federal law on same-sex harassment or discrimination? If so, what is it?...more
Frustrated with Congress's failure to pass the Employment Non-Discrimination Act (ENDA) and consistent with his recent Executive Order to raise the minimum wage to $10.10 per hour for employees of federal contractors,...more
For several years, lesbian, gay, bisexual and transgender (LGBT) rights groups have been lobbying Congress to pass the Employment Nondiscrimination Act (ENDA), which would prohibit sexual orientation and gender identity...more
A frequent headline in the news as of late has been “Federal Judge in State X finds same-sex marriage ban unconstitutional” and then shortly thereafter “Hundreds of couples marry in State X” complete with a picture of a...more