News & Analysis as of

When Will We Know If Title VII Applies To Cases of Sexual Orientation Discrimination?

A Judge in the Northern District of Illinois has found that the protections of Title VII of the Civil Rights Act of 1964 do not extend to cases of discrimination on the basis of sexual orientation. This ruling is in...more

The EEOC Continues To Recognize Sexual Orientation Discrimination As Sex Discrimination Under Title VII

On January 6, 2016, the EEOC field an amicus brief in Barbara Burrows v. The College of Central Florida arguing, for the first time, that Title VII of the Civil Rights Act of 1964 protects workers against sexual orientation...more

EEOC Pushes to Expand Title VII’s Reach to Sexual Orientation Claims

When you’ve been blogging as long as Jon Hyman (of Ohio Employer’s Law Blog) and I have, your minds seem to work in a similar fashion. For a few days, I’ve been working on a draft of a blog post about the EEOC’s goal of...more

Why The EEOC Believes Title VII Bans Sexual Orientation Bias

The Equal Employment Opportunity Commission filed a “friend of the court” brief in a sexual orientation discrimination appeal, arguing that sexual orientation discrimination is “sex discrimination” prohibited by Title VII....more

Sexual-Orientation Discrimination: The Lessons for Most Employers Will Be Clear Even if Federal Law Remains Unsettled

Attitudes toward same sex relationships have experienced enormous change in recent years. Perhaps the most dramatic manifestation of this shift is the Supreme Court’s decision this June in Obergefell v. Hodges striking down...more

College Basketball Players Can Bring Sexual Orientation Claim Under Federal Law, And Why Employers Should Pay Attention

In the months since the EEOC’s landmark ruling in Baldwin v Foxx, the looming question has been: Would federal courts adopt the Commission’s position that claims of sexual orientation discrimination were cognizable under...more

Employment Law Navigator – Week in Review: December 22, 2015 #3

Last week, a federal judge in the Central District of California made big news when he found that “claims of sexual orientation discrimination are gender stereotype or sex discrimination” prohibited by Title VII of the Civil...more

Looking Back, Looking Forward Part 2

Last week, we looked back at 2015 changes to FLSA and NLRB guidance on employee handbooks. This week, we’re taking a look at discrimination and leave laws....more

Appeals Court Rules Sexual Orientation Not Covered by the Missouri Human Rights Act

The Missouri Court of Appeals, Western District, ruled today that the Missouri Human Rights Act (MHRA) does not prohibit discrimination based on sexual orientation. Accordingly, it affirmed dismissal of a former employee’s...more

Seventh Circuit Asked To Recognize That Protections Of Title VII Cover Gays and Lesbians

Are Federal Courts ready to recognize that Title VII’s anti-discrimination prohibition extends to claims of sexual orientation? This question will be decided when the Seventh Circuit issues a ruling in Kimberly Hively v....more

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

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

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

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

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

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

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

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

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

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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