News & Analysis as of

Sexual Orientation Discrimination Discrimination Employer Liability Issues

Morgan Lewis

Biden Administration Issues Order on Gender Identity and Sexual Orientation

Morgan Lewis on

As one of his first actions in office, President Joe Biden has issued an executive order ensuring that last year’s US Supreme Court decision in Bostock v. Clayton County is applied immediately and efficiently by all federal...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving! 7 Things for Which We Are Thankful – 2020 Edition

Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can...more

Littler

Littler Global Guide - Puerto Rico - Q2 2019

Littler on

An Employee’s Felony Indictment Constitutes Just Cause for Termination - Precedential Decision by Judiciary or Regulatory Agency - On April 25, 2019, the Puerto Rico Supreme Court held that a felony indictment...more

Seyfarth Shaw LLP

The Uncertain Landscape of Discrimination & Harassment Laws: Expanding the Definition of “Protected Class”

Seyfarth Shaw LLP on

Seyfarth Synopsis: Laws protecting individuals from discrimination and harassment in the workplace are expanding rapidly at the state and local levels, while the federal landscape remains unclear regarding LGBTQ rights. ...more

Bradley Arant Boult Cummings LLP

Revamping Your Anti-Harassment Programs

In the wake of the #MeToo movement, I have clients wanting to know what they can do both to improve their workplace and protect themselves. They all have good policies and regularly train supervisors and employees on them. So...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Title VII Protects Transgender Employees

On the heels of last week’s Second Circuit decision finding sexual orientation discrimination prohibited under Title VII, on Wednesday, a Sixth Circuit Court of Appeals panel held that Title VII likewise protects transgender...more

Seyfarth Shaw LLP

4 Key Trends In Workplace Class Action Litigation For 2017: #3 Governmental Enforcement Litigation

Seyfarth Shaw LLP on

Seyfarth Synopsis: Despite the major ideological shift that occurred within American politics in 2017, government-initiated litigation continued to flourish if not increase even after with the election of the pro-business...more

Poyner Spruill LLP

Supreme Court Refuses to Decide Whether Title VII Covers Sexual Orientation

Poyner Spruill LLP on

On December 11, 2017, the United States Supreme Court denied a petition to review a lower court ruling that held Title VII of the Civil Rights Act of 1964 (Title VII) does not provide protection against harassment or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Court Tackles Sex Stereotyping, Highlights Sexual Orientation and Gender Identity Issues

While nearly half of all states expressly prohibit discrimination based on sexual orientation and/or gender identity, Missouri is not one of those states. However, the Missouri Court of Appeals recently issued a decision in...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Eleventh Circuit Declines to Reconsider Sexual Orientation Discrimination Decision; Plaintiff Will Appeal to U.S....

In April, we reported that a three-judge panel of the Eleventh Circuit held that sexual orientation discrimination is not prohibited under Title VII of the Civil Rights Act of 1964 in Evans v. Georgia Regional Hospital, et....more

FordHarrison

Eleventh Circuit Sets the Stage for U.S. Supreme Court Certification on Whether Sexual Orientation is Protected by Title VII

FordHarrison on

On March 10, 2017, in Evans v. Georgia Regional Hospital, a split panel of the U.S. Court of Appeals for the Eleventh Circuit held that it was bound by prior precedent that Title VII of the Civil Rights Act of 1964 does not...more

Morgan Lewis

Philadelphia Empowers Agency to Shut Down Discriminating Businesses

Morgan Lewis on

Businesses in the “City of Brotherly Love and Sisterly Affection” must now take this slogan seriously, ensuring no discrimination against patrons, or risk being shut down....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employment Law Authority - May/June 2017

THE EVOLVING DEFINITION OF SEX(UAL ORIENTATION) UNDER TITLE VII - On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated decision in Hively v. Ivy Tech Community College of Indiana, making...more

FordHarrison

Full Second Circuit to Revisit Its Position On Sexual Orientation as a Protected Class Under Title VII

FordHarrison on

While the Seventh Circuit definitively has held that sexual orientation discrimination is discrimination “because of sex” and, therefore, a violation of Title VII of the Civil Rights Act of 1964, as amended (as reported by...more

FordHarrison

Federal Judge Rules that Transgender Employee's ADA Claim May Proceed

FordHarrison on

On May 18, 2017, in the first decision of its kind, the Eastern District of Pennsylvania held that transgender people are not categorically barred from protection by the Americans with Disabilities Act (ADA) if they suffer...more

Nossaman LLP

Did You Know . . . Seventh Circuit Issues Landmark Decision Holding Title VII Prohibits Sexual Orientation Discrimination

Nossaman LLP on

In a landmark decision, the Seventh Circuit recently held that discrimination on the basis of sexual orientation is a form of actionable sex discrimination under Title VII of the federal Civil Rights Act of 1964. Unlike the...more

McNees Wallace & Nurick LLC

Breaking New Ground: Seventh Circuit Rules that Title VII Protects Sexual Orientation

Workplace rights for LGBT individuals has been a rapidly developing area of the law. A little over two years ago, former President Obama signed an executive order prohibiting federal contractors from discriminating against...more

Bradley Arant Boult Cummings LLP

Discrimination Based on Sexual Orientation is Sex Discrimination Under Title VII: Seventh Circuit Takes Clear Stand

On Tuesday, the Seventh Circuit jumped into the Title VII sexual orientation discussion with both feet. In Hively v. Ivy Tech Community College of Indiana, a full-court reversed an earlier three judge panel decision, finding...more

FordHarrison

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

FordHarrison on

As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more

Littler

Dear Littler: How Should I Handle Customer Concerns about a Transgender Employee?

Littler on

Dear Littler: We have a transgender employee at work, Sarah, who identifies and presents as a female. She is in the process of transitioning and still occasionally exhibits traditionally “male” physical attributes. A client...more

Rumberger | Kirk

Eleventh Circuit Rules that Title VII Does Not Prohibit Sexual Orientation Discrimination

Rumberger | Kirk on

On March 10, 2017, a three-judge panel of the U.S. Eleventh Circuit Court of Appeals held in Evans v. Georgia Regional Hospital that Title VII does not prohibit discrimination on the basis of sexual orientation. Accordingly,...more

Akerman LLP - HR Defense

LGBT Rights Up in the Air

Changes that may impact LGBT rights in the workplace have employers spinning. This week’s news about the Trump administration’s rescission of federal guidance allowing transgender students to use bathrooms corresponding to...more

FordHarrison

Seventh Circuit Indicates It May Conclude that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

FordHarrison on

Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more

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