Sexual Orientation Discrimination

News & Analysis as of

Tomorrow: PA Senate to Hold Hearing on LGBT Workplace Discrimination Bill

It is well known that Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans workplace discrimination based on factors such as race, color, or religion, does not protect job discrimination based on sexual...more

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

Seventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII

Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir....more

Is Religious Freedom a Defense to LGBT Discrimination Claims?

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

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

"Employment Flash - August 2016"

The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...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

Employment Law This Week®: Sexual Orientation Bias, Religious Discrimination, At-Will Employment Provision, Class Arbitration [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

A Conflicted 7th Circuit Holds Title VII Does Not Cover Sexual Orientation Discrimination

In a precedent-setting decision, the U.S. Court of Appeals for the Seventh Circuit ruled on July 28th that Title VII does not protect against sexual orientation discrimination. The case is Kimberly Hively v. Ivy Tech...more

Seventh Circuit Says Title VII Does Not Protect Against Discrimination Based on Sexual Orientation

On July 29, the Seventh Circuit Court of Appeals handed the EEOC a major setback, concluding that Title VII does not protect employees against employment discrimination based on sexual orientation. In Hively v. Ivy Tech...more

Court Says No Protection for Sexual Orientation Discrimination

On July 28, the Seventh Circuit became the first of the thirteen federal appellate courts to address whether Title VII protects against discrimination on the basis of sexual orientation since the EEOC administratively ruled...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

Discrimination Based on Sexual Orientation Not Protected by Title VII, Federal Court Rules

The anti-discrimination protections under Title VII of the Civil Rights Act do not encompass workplace discrimination on the basis of sexual orientation, the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has...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

Sexual Orientation Discrimination Not Covered Under Title VII, Court Says

But Decision Provides Ample Warning To Employers - A federal court of appeals recently announced that it had no choice but to deny an LGBT plaintiff’s request to proceed with a sexual orientation discrimination claim...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

Employment Law Navigator – Week in Review: August 2016

Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support...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

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