LGBT

News & Analysis as of

Transgender Claim Meets Dress Code

The worlds of transgender versus religious rights collided hard recently when an EEOC action on behalf of a discharged transgender worker ran full force into a Religious Freedom Restoration Act (“RFRA”) defense, and the EEOC...more

Minister or Not? Gay Bias Case Turns on Employee’s Role

Seyfarth Synopsis: A federal judge has allowed a discrimination lawsuit to proceed against the Archdiocese of Chicago. The plaintiff alleges that his engagement to another man resulted in his termination. The church sought...more

Emerging Labor & Employment Law Trends (Part 2)

With summer 2016 almost behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the last quarter of the year and into 2017. In the first part of this two-part series, we...more

Religious Institutions Update: August 2016

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

U.S. Supreme Court Blocks Order Allowing Transgender Restroom Choice

On August 3, 2016, amidst national debate over transgender rights, the United States Supreme Court temporarily blocked a court order that had allowed a transgender student to use the boys’ restrooms in a Virginia high school....more

Seventh Circuit Holds Title VII Does Not Prohibit Sexual Orientation Discrimination, But Acknowledges Inherent Flaws in Precedent...

In a carefully reasoned but ultimately restrained opinion the Seventh Circuit held that Title VII does not prohibit discrimination in employment on the basis of sexual orientation. While declining to become the first circuit...more

Seventh Circuit Holds That Title VII Does Not Cover Sexual Orientation

Seyfarth Synopsis: The Seventh Circuit has ruled that Title VII does not provide protection from discrimination on the basis of sexual orientation. However, the reasoning behind the Court’s ruling seems calculated to bring...more

What the Seventh Circuit’s Recent Title VII Ruling Means for Sexual Orientation Discrimination in the Workplace

On July 28, 2015, the United States Court of Appeals for the Seventh Circuit (“Seventh Circuit”) ruled that Title VII does not protect against sexual orientation discrimination. See, Hively v. Ivy Tech Cmty. Coll., 2016 BL...more

Is Sexual Orientation a Protected Category under Title VII?

That question has been asked for many years, especially after the U.S. Supreme Court struck down the Defense of Marriage Act in 2013 (U.S. v. Windsor) and subsequently held state bans of same-sex marriages are...more

United States Supreme Court Issues Temporary Stay of Fourth Circuit's Transgender Restroom Decision

This Client Alert is in follow-up to our April 22, 2016 and May 13, 2016 Legal Updates addressing transgender student issues under Title IX of the Education Amendments Act of 1972 (“Title IX”). On August 3, 2016 the...more

Seventh Circuit Holds that Title VII - as it Stands - Does not Encompass Sexual Orientation Discrimination

In Hively v. Ivy Tech Community College, 2016 WL 4039703 (7th Cir. July 28, 2016), the court held that Title VII of the Civil Rights Act (Title VII) does not encompass claims for sex discrimination based on sexual...more

The Writing is on the Wall, Yet Seventh Circuit Holds Sexual Orientation Is Not a Protected Class Under Title VII

Earlier this week, the Seventh Circuit Court of Appeals held in Hively v. Ivy Tech Community College that Title VII does not protect employees or offer redress for discrimination based on sexual orientation. As a result,...more

HHS Final Rule Extends Anti-Discrimination Protection to Transgender Patients

This past May, the Department of Health and Human Services (HHS) issued a final rule implementing Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of race, color, national origin,...more

Huh? Title VII And Sexual Orientation Bias, Revisited

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

Employment Law Commentary, July 2016: The EEOC’s New Focus On LGBTQ Discrimination: How To Stay Out Of The Headlines

The year 2015 was a breakthrough year for the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community. Just over a year ago, in Obergefell v. Hodges, the U.S. Supreme Court issued its landmark decision on marriage...more

Federal Appeals Court Decries State of Federal Civil Rights Law on Sexual Orientation Discrimination

On Thursday, the United States Court of Appeals for the Seventh Circuit re-affirmed prior court holdings that Title VII of the Civil Rights Act does not prohibit discrimination based on sexual orientation, but in so doing...more

Employers Wrestling with Discrimination, Workplace Violence and Third Party Vendor Issues, Survey Shows

The winds of social change, the threat of violence in the workplace, and shifting regulations governing workers and third parties are all weighing heavily on employers’ minds. That’s according to a survey of more than 800...more

3, 2, 1, blastoff! OFCCP Final Rule on sex discrimination is about to take effect

The OFCCP’s Final Rule on sex discrimination will take effect August 15. Are you ready? On June 14, the Office of Federal Contract Compliance Programs issued its Final Rule on sex discrimination. These new substantive...more

Baker Wasn't Thinking Politics When He Signed Transgender Bill in Private

The Boston Globe’s State House bureau chief, Frank Phillips, wrote that Charlie Baker’s decision to sign the transgender public accommodations bill on Friday, July 8 -- behind closed doors and with no fanfare -- “was not the...more

2016 Executive Employer Survey Report

The fifth annual report examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from more than 800 in-house counsel, human resources professionals and C-suite...more

EEOC LGBT Cases in the News

Settlement of Sexual Orientation Case – The EEOC and a Maryland employer have settled a landmark sexual orientation discrimination case. EEOC v. Pallet Companies d/b/a IFCO Systems NA, Inc. was filed in March 2016, and was...more

EEOC Settles First Sexual Orientation Discrimination Suit

The U.S. Equal Employment Opportunity Commission (EEOC) announced last week that it had settled a suit against Pallet Companies (doing business as IFCO Systems) for $202,200. As we previously discussed here, this suit is one...more

LGBT Antidiscrimination Provisions to Apply to Louisiana Contractors on July 1

Government contractors in Louisiana should take note of the upcoming effective date of the state’s recently-signed antidiscrimination law. In April of 2016, Louisiana Governor John Bel Edwards (D) signed Executive Order JBE...more

EEOC Sexual Orientation Lawsuit Settles For $200K Plus

As I’ve previously reported, the Equal Employment Opportunity Commission has filed two lawsuits alleging that employers discriminated against employees based on sexual orientation, which the Commission says is prohibited by...more

New EEOC and OFCCP Guidance Highlight DOL Focus on Gender Discrimination

In connection with last week's United State of Women Summit, the Office of Federal Contract Compliance Programs (OFCCP) and the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on sex...more

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