Sexual Orientation Discrimination

News & Analysis as of

United States Fourth Circuit Court of Appeals Adopts OCR's Title IX Gender Identity Interpretation for Transgender Students'...

A majority panel of three judges in GG v Gloucester County School Board, U.S. Court of Appeals 4th Cir. Case No. 15-2056 (April 19, 2016), reversed a federal trial court's decision, endorsed the Office of Civil Rights'...more

First Federal Appeals Court Rules that Title IX Applies in Transgender Bathroom Case

Yesterday, in a landmark ruling, a federal appellate court decided that under Title IX a transgender student can challenge a school board policy that limits bathroom and locker room access based on biological sex. The United...more

Government Outlines Key Labor and Employment Initiatives

Representatives of the Equal Employment Opportunity Commission (EEOC), as well as the Department of Labor and the Department of Justice (DOJ), participated in an American Bar Association Equal Opportunity Law conference in...more

Court Limits Human Rights Tribunal Jurisdiction to Address Discrimination Claims from Persons not in Position of Power

The Court of Appeal for British Columbia (Court of Appeal) recently concluded in Schrenk v. British Columbia (Human Rights Tribunal) (Schrenk) that the British Columbia Human Rights Tribunal’s (Tribunal) jurisdiction does not...more

States & Municipalities – The Engines That Are Driving Legislative Activity

While many are mesmerized by the presidential primaries and remain frustrated by gridlock in Congress, states and municipalities are aggressively tackling social and economic issues that impact employers. The states of...more

Louisiana Governor Institutes Sexual Orientation and Transgender Protections for State Workers and Contractors

On April 13, 2016, Louisiana Governor John Bel Edwards signed Executive Order No. JBE 2016-11 prohibiting discrimination or harassment by Louisiana state agencies against individuals based on their sexual orientation or...more

After Second Thought……..North Carolina Governor Signs Executive Order Rolling Back Portions of Controversial Law

Just weeks after he signed HB 2, which covered transgender bathroom access, on April 12, North Carolina Governor Pat McCory signed an Executive Order clarifying and apparently attempting to repeal certain aspects of the law. ...more

Louisiana Governor Signs LGBT Discrimination Executive Order in Public Employment and Services

On April 13, 2016, Louisiana’s new governor, John Bel Edwards, signed an executive order protecting state employees and employees of state contractors from discrimination on the basis of race, color, religion, sex, sexual...more

Bathroom Bills: What Employers Need To Know

Seyfarth Synopsis: The passage of “Bathroom” or “Religious Freedom” bills raises issues for employers operating in impacted states. Employers in these states may wish to consider taking proactive and affirmative steps in the...more

What North Carolina Employers Need To Know About New "Bathroom Law"

On April 12, 2016, North Carolina Governor Pat McCrory issued an Executive Order to clarify and somewhat lessen the impact of what has widely been referred to as the state’s new “bathroom law.” The new law, passed a few weeks...more

Wolf Signs Sexual Orientation Non-Discrimination Orders

On April 7, Pennsylvania Governor Tom Wolf signed two executive orders barring discrimination against workers on the basis of sexual orientation or gender identity. Executive Order 2016-04 prohibits government agencies from...more

Pennsylvania Governor Signs Sexual Orientation Nondiscrimination Orders

Protection from discrimination based on sexual orientation is now expanded to government contractors and government employees. On April 7, Pennsylvania Governor Tom Wolf signed two executive orders. The first order...more

EEOC Files Lawsuits Against Employers for Sex Discrimination Under Title VII

For the first time, the U.S. Equal Employment Opportunity Commission (EEOC) is suing private employers on behalf of employees alleging sexual orientation discrimination. On March 1, 2016, the EEOC issued a press release...more

Wolf Signs LGBT Antidiscrimination Orders

Pennsylvania Governor Tom Wolf yesterday signed two executive orders (EOs) that prohibit discrimination against employees of the Commonwealth as well as Commonwealth contractors and grantees on the basis of sexual orientation...more

Bathrooms, Cakes, Wedding Poetry and DJs—Delving Into the North Carolina and Mississippi Laws on Transgender Issues

In the last several weeks, North Carolina and Mississippi have passed laws about transgender rights that have garnered headlines across the country. Although both touch on issues of transgender rights, they are actually very...more

News from Second and State

The capitol was a hive of activity this week, with both House of Representatives and the Senate in session for the start of a two-week stretch before the primary election. On Monday, the House Health Committee reported out...more

EEOC Seeks To Expand Reach Of Sexual Orientation Claims

A new wave of litigation may result in sexual orientation discrimination being prohibited at most workplaces across the country. The last month has seen a historic series of lawsuits filed by the Equal Employment Opportunity...more

New York State and New York City Pass Landmark Employment Legislation: Will 2016 Be “The Year of the Worker”?

After agreeing last week on a 2016-17 Executive Budget that includes several key labor and employment provisions, New York State Independent Democratic Caucus Leader Jeffrey Klein declared that “[t]his truly is the Year of...more

Employment Practices Newsletter - April 2016

Is Labor Law Putting the Franchise Business Model at Risk? - Over the course of the last year, we have kept you abreast of National Labor Relations Board (NLRB) case law and Department of Labor (DOL) interpretive/...more

Mixed Messages on LGBT Protections

NYC Guidelines Strengthen Transgender Protections in Employment; NC Law Eliminates Local LGBT Protections Altogether.  Confused, Anyone? I don’t envy employers these days. It ain’t easy staying on top of all of the...more

FEHA Regulations for 2016

Don’t Be An April Fool - New Requirements for Employers' Anti-Harassment and Anti-Discrimination Policies Effective April 1st - Amendments to the Department of Fair Employment and Housing (“DFEH”) regulations...more

EEOC Files Lawsuits Alleging Sexual Orientation Discrimination Claims Against Private Sector Employers

The U.S. Equal Employment Opportunity Commission (EEOC) has filed two recent Title VII lawsuits in which it alleges that various private employers engaged in sexual orientation discrimination. Although sexual orientation is...more

Employment Law - March 2016 #3

New EEOC Suits: Discrimination Based on Sexual Orientation Violates Title VII - Why it matters - The Equal Employment Opportunity Commission (EEOC) filed a pair of landmark lawsuits alleging sex discrimination based...more

The LGBT Question the EEOC is Putting to the Test

Does Title VII Cover Sexual Orientation Discrimination? The EEOC is getting serious about sexual orientation discrimination: in the two lawsuits filed earlier this month, the EEOC argues—for the first time in court—that...more

Amended FEHA Regulations: Employers Required to Update Harassment & Discrimination Policies

The California Fair Employment and Housing Act’s (FEHA) proposed amendments have been approved and go into effect April 1, 2016. All employers should review the regulations and update their policies. In large part, the...more

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