Sexual Orientation Discrimination

News & Analysis as of

EEOC Ruling on Sexual Orientation Impacts Same-Sex Spouse and Domestic Partner Benefits

In our July 2, 2015 blog, Obergefell v. Hodges – Same-Sex Marriage Now Legal in All 50 States, we indicated that employers may need to offer same-sex spouse health and welfare benefits and rethink domestic partner benefits in...more

President Obama to Issue Executive Order Mandating Paid Sick Leave for Federal Contractors

We recently learned that President Obama plans to issue an Executive Order mandating paid sick leave for employees of federal contractors and subcontractors. This comes as no surprise as the President has utilized his power...more

EEOC: Title VII Prohibits Employment Discrimination Based On Sexual Orientation

The recent U.S. Supreme Court decision in Obergefell v. Hodges struck down restrictions on marriage by same-sex couples, but it did not address other forms of discrimination based on sexual orientation, such as in employment....more

That is SO last week - August 2015 #4

We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...more

Two Months after Same-Sex Marriages Held Constitutional, Where are the Courts Headed on the Unanswered Questions?

On June 26, 2015, the United States Supreme Court issued its monumental decision in Obergefell, et al. v. Hodges, et al.; Case No. 14-556, holding that state bans of same-sex marriages are unconstitutional. Specifically, the...more

Colorado Rules Baker Cannot Refuse Service to Same-Sex Couples for Religious Reasons

In a post last week, I discussed how some believe Tennessee’s version of the Religious Freedom Restoration Act (“RFRA”) could allow Tennessee businesses to refuse service to same-sex couples despite a recent ruling that...more

Recent Ruling in LGBT Case Another Reminder That Religion Cannot Justify Discrimination

We predicted in blog posts on July 24th and July 7th that we would be seeing more in the way of LGBT litigation. I also recommended that managers be given extra training or reminders that in states where LGBT discrimination...more

That is SO last week - August 2015 #2

Pay was the big deal last week. A divided Securities and Exchange Commission voted to approve the CEO Pay Ratio Rule. The new rule requires publicly traded companies to disclose the ratio of their chief executive officer’s...more

EEOC Confirms that Sexual Orientation Discrimination is Sex Discrimination

On July 15, 2015, the EEOC issued an official decision that sexual orientation discrimination is sex discrimination under Title VII. The EEOC explained that “sexual orientation is inherently a ‘sex-based consideration,’ and...more

Impact of the Same-Sex Marriage Decision on Employee Benefit Plans

In Obergefell v. Hodges, the Supreme Court held that states may not deny same-sex couples the right to marry, finding that doing so violates the Fourteenth Amendment. Writing for the five-justice majority, Justice Kennedy...more

Is Mandatory Paid Sick Leave on the Horizon for Federal Contractors?

The next big change for federal contractors may be a requirement that they provide paid sick leave to employees. According to the New York Times, President Obama has drafted an executive order that would require federal...more

Wal-Mart Accused of Gender-Discrimination Because of Anti-Gay Insurance Policies

In Cote v. Wal-Mart Stores, Wal-Mart is facing the possibility of a class action suit from a former employee who claims that the company’s denial of healthcare benefits to her same-sex spouse amounts to sex discrimination....more

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 1 of 3)

Late in June, in Texas Dept. of Housing v. Inclusive Communities, No. 13–1371 (U.S. June 25, 2015), the U.S. Supreme Court ended years of debate by embracing a “disparate impact” claim against a housing authority under the...more

EEOC Issues Overview on LGBT Rights Under Title VII

As reported in EmployNews, over the past year the Equal Employment Opportunity Commission has aggressively shifted its position on the extent of coverage of LGBT workers under Title VII. In federal employee cases where the...more

According to the EEOC, Sexual Orientation Discrimination is Prohibited By Title VII

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

EEOC Rules that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

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

Right to Marry But Not to Work? Pennsylvania Catholic School Terminates Gay Married Teacher

Last month, Waldron Mercy Academy, a K-8 Catholic school located in Merion, Pennsylvania, fired Margie Winters from her position as Director of Religious Education, a job she had held for 8 years. According to Ms. Winters,...more

A U.S. Employer’s Guide to Basic UK Employment and Immigration Laws

UK employment law is constantly developing and it has been challenging for employers to keep up with the changes in recent years. All employers in the UK, no matter how big or small, are required to comply with these laws or...more

EEOC Issues Ruling on Workplace Sexual Orientation Discrimination

On July 15, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its ruling in Complainant v. Foxx finding that all types of discrimination based on sexual orientation are forms of sex discrimination...more

That is SO last week - July 2015 #4

Last week, the Equality Act was introduced in Congress. If enacted, this historic legislation will prohibit discrimination in employment and other life activities on the basis of sexual orientation and gender identity. It’s...more

The Equality Act: Federal Anti-LGBTQ Discrimination Law Introduced in Congress

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

Equality Act of 2015 Seeks New Workplace Protections for Sexual Orientation and Gender Identity

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

EEOC Decision: Title VII Protects Employees' Sexual Orientation

The EEOC’s Decision - On July 18, 2015, the Equal Employment Opportunity Commission (EEOC) decided that Title VII’s prohibition on sex discrimination extends to discrimination based on an individual’s sexual orientation....more

EEOC Rules That Title VII Prohibits Discrimination Based on Sexual Orientation

In a 3-2 decision published on Thursday, July 16, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) concluded that intentional discrimination against an employee based on their sexual orientation is sex...more

EEOC Rules that “Sex” Encompasses Sexual Orientation Under Title VII; Ruling Helpful to LGBT Employees, But Not an End to the...

In a sweeping decision, the U.S. Equal Employment Opportunity Commission found that Title VII prohibits sexual orientation-based discrimination. Although the statute does not explicitly include sexual orientation as a...more

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