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Sexual Orientation Discrimination Equal Employment Opportunity Commission Employer Liability Issues

Seventh Circuit Holds That Sexual Orientation Is Protected Under Title VII

With its recent en banc decision in Hively v. Indy Tech. Cmty. Coll. of Ind., 2017 WL 110393 (7th Cir. 2017), the Seventh Circuit became the first federal appellate court to hold that Title VII of the Civil Rights Act of 1964...more

Client Alert: Eleventh Circuit Denies Sexual Orientation Discrimination Claim, but Is This the Final Word?

If you have been keeping track of how the federal courts have handled employment discrimination claims under Title VII of the Civil Rights Act of 1964 (and we know you have), you have probably noticed that many courts have...more

Sexual Orientation Discrimination Is Sex Discrimination in Employment, Seventh Circuit Says

by Miles & Stockbridge P.C. on

The stage has been set for the Supreme Court to consider whether sexual orientation is protected sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Sitting en banc last week, the Seventh Circuit...more

Seventh Circuit Says Sexual Orientation Protected Under Title VII

On Tuesday, the full Seventh Circuit Court of Appeals concluded that Title VII of the Civil Rights Act of 1964’s prohibition against sex discrimination also includes protections against employees being discriminated against...more

The Seventh Circuit’s Big Decision: Sexual Orientation Discrimination Is Prohibited By Title VII

by Williams Mullen on

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana, and Wisconsin), sitting en banc, handed down what is being called a monumental decision in the development of legal...more

Sexual Orientation Moves One Step Closer to Being a Protected Characteristic

by Poyner Spruill LLP on

Federal law protects applicants and employees from negative treatment in connection with their employment, where that negative treatment is based on a protected characteristic. Traditionally, courts have interpreted the...more

New EEOC Proposed Guidelines May Signal What is to Come in the Area of Sex-Based Workplace Discrimination

by Baker Donelson on

A few weeks ago, the public comment period for the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed guidance on unlawful workplace harassment closed, drawing mixed responses from commentators. The purpose of the...more

Second, Eleventh and Seventh Circuits Disagree Whether Title VII Extends to Claims of Sexual Orientation Discrimination

by Genova Burns LLC on

On March 27 the Second Circuit held that Title VII does not provide protection against workplace discrimination based on sexual orientation. In Christiansen v. Omnicom Group Inc., the plaintiff alleged that his employer...more

7th Circuit Becomes First Appellate Court To Extend Title VII Protection To Sexual Orientation

by Miller Canfield on

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit, sitting en banc, issued a landmark opinion becoming the first appellate court to hold that Title VII of the Civil Rights Act prohibits...more

Seventh Circuit Extends Title VII Protections to Sexual Orientation

by Morgan Lewis on

The first-of-its-kind decision leads to a split in authority between federal circuits on discrimination and harassment claims on the basis of sexual orientation....more

Federal Court of Appeals Rules that Civil Rights Law Protects LGBT Workers from Sexual Orientation Discrimination

On Tuesday, the U.S. Court of Appeals for the Seventh Circuit made history by extending the protections of Title VII of the Civil Rights Act of 1964 to LGBT individuals in the workforce when it held that “discrimination on...more

Seventh Circuit Finds Sexual Orientation Discrimination Is Sex Discrimination Under Title VII, SCOTUS Review Likely

On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated en banc decision in Hively v. Ivy Tech Community College of Indiana, making the Seventh Circuit the first federal appellate court to find...more

Title VII Prohibits Discrimination Based on Sexual Orientation, Says Seventh Circuit

by Faegre Baker Daniels on

Discrimination on the basis of one’s sexual orientation is a form of unlawful sex discrimination under Title VII, according to an April 4, 2017 ruling by the Seventh Circuit Court of Appeals (which covers Indiana, Illinois...more

Seventh Circuit Is First to Hold that Title VII Protects against Sexual Orientation Discrimination

by Blank Rome LLP on

Action Item: In a landmark decision yesterday, the United States Court of Appeals for the Seventh Circuit became the first federal circuit court in the nation to hold that discrimination based on sexual orientation is...more

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

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

by 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

Pennsylvania Federal Court Interprets Title VII Broadly to Protect Against Gender Stereotyping and Perceived Sexual Orientation

by Saul Ewing LLP on

On March 23, Judge Stengel in the Eastern District of PA denied an employer’s motion to dismiss a Title VII case filed by an employee claiming discrimination and harassment based on her appearance and perceived sexual...more

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

by 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

“Free To Be . . . You And Me”: The 11th Circuit’s Strange LGBT Decision

This latest decision from the U.S. Court of Appeals for the Eleventh Circuit on sexual orientation discrimination is weird. A panel of the court found 2-1 in Evans v. Georgia Regional Hospital that the plaintiff did not have...more

LGBT Rights Up in the Air

by Akerman LLP - HR Defense on

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

Is Same-Sex Discrimination Considered “Sex Discrimination” Under Title VII? 

by Fisher Phillips on

The Supreme Court made clear in 2015 that same-sex marriage is legal across the nation. However, two years later, we still are not clear whether a person’s sexual orientation is protected under Title VII’s “sex...more

Transparency in Terminology and Treating Transgender Employees Fairly

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With increased attention placed on transgender rights in recent years, employers should pay close attention to transgender discrimination and related issues in the workplace. This post offers some tips for...more

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

by 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

Sexual Orientation Discrimination Claims Under TITLE VII Won’t Be Dismissed…in the U.S. District Court for the Western District of...

by Fisher Phillips on

The EEOC is on a mission to expand the scope of Title VII to prohibit employers from discriminating against employees on the basis of sexual orientation, and that mission has been accomplished (for now) in the United States...more

Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

by McNees Wallace & Nurick LLC on

The Equal Employment Opportunity Commission (‘EEOC”) has been aggressively advancing its position that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation even though sexual...more

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