News & Analysis as of

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

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

Developments in Title VII and Sexual Orientation Discrimination

Many state anti-discrimination laws, such as those in Maine, Massachusetts and New Hampshire, specifically prohibit employers from discriminating against individuals on the basis of sexual orientation. To the surprise of many...more

U.S. Supreme Court to consider transgender restroom lawsuit

Society’s view of gender has evolved significantly since then. The rigid dichotomy of a two-gender world view is frequently challenged and, in some cases, rejected outright. As society’s views on gender morph, the law is...more

Title VII and Sexual Orientation – Front and Center at the Second Circuit on Inauguration Day

As President-Elect Donald Trump moved into the White House on Inauguration Day last Friday, the excitement and political tensions were not confined to the nation’s capital. LGBTQ rights supporters decorated with rainbow ties...more

“5th & Wine” Bar Sued By EEOC For Sex-Based Harassment and Retaliation

Scottsdale Wine Café Abused Employees Based on Their Actual and Perceived Sexual Orientation, Federal Agency Charges - PHOENIX - Scottsdale Wine Café, LLC (5th & Wine), a Scottsdale wine bar and restaurant, violated...more

Employment Law Navigator – Week in Review: January 2017 #4

Last week, the Second Circuit Court of Appeals was asked to overturn its own precedent in a case involving discrimination on the basis of sexual orientation. The case was brought by an advertising executive who alleged that...more

Another Great Unknown: the Future of LGBT Protections Under President Trump

During the first few weeks (or even months) in office, President Trump will have a lot of key issues (e.g., healthcare and immigration) on his agenda. What we do not know is whether President Trump and his administration will...more

What Can the Business Community Expect from a Trump Administration

As Donald Trump’s administration takes shape, the business community stands watch expecting a business-friendly White House. Trump’s promises of fewer regulations and lower taxes have small and large businesses alike feeling...more

Transparency in Terminology and Treating Transgender Employees Fairly

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

North Dakota Employer Harassed Worker Because of His Sexual Orientation, EEOC Charges

Male Employee Was Subjected to a Hostile Work Environment Because of His Sexual Orientation, Federal Agency Charges - MINNEAPOLIS -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has...more

Capital Restaurant Concepts, Ltd., d/b/a Paolo’s GT-LLC Sued By EEOC For Sex Discrimination

Agency Alleges That Teenage Employee Was Harassed Because Of His Sexual Orientation - Washington- Capital Restaurant Concepts, Ltd., d/b/a Paolo's GT-LLC, a District of Columbia corporation, violated federal law by...more

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

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

Current Title VII May Soon Protect Sexual Orientation

The familiar language of Title VII of the Civil Rights Act of 1964 prohibits employment discrimination because of a person's "race, color, religion, sex, or national origin." As many courts and commentators have pointed out,...more

Courts Say Title VII Forbids Employment Discrimination Based on Sexual Orientation and Gender Identity

Seyfarth Synopsis: Increasingly, courts have held that discrimination on the basis of sexual orientation and gender identity violates Title VII. Federal district courts in Nevada and Pennsylvania have recently joined their...more

Employment Law Navigator – Week in Review: December 2016

Last week was a big one for wage and hour law. The Department of Labor filed a notice of its intent to appeal the injunction stopping enforcement of its new FLSA overtime rule and asked the Fifth Circuit to expedite the...more

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation....more

Employment Law - November 2016 #2

AARP Challenges EEOC’s Wellness Program Regulations - Why it matters - The AARP filed suit against the Equal Employment Opportunity Commission (EEOC) in D.C. federal court, requesting an injunction to halt the...more

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

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

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

Pittsburgh Pennsylvania Federal Judge: Employers Cannot Discriminate Based on Sexual Orientation

On November 4, 2016, a federal judge in Pittsburgh ruled that federal law prohibits an employer from discriminating against an employee based on their sexual orientation. In light of this decision by Judge Cathy Bissoon in...more

Sexual Orientation Discrimination is Prohibited by Title VII, Federal Court Rules

The prohibition against sex discrimination under Title VII of the Civil Rights Act extends to sexual orientation, Judge Cathy Bissoon of the Western District of Pennsylvania has ruled. EEOC v. Scott Medical Health Ctr., No....more

Pennsylvania Federal Court Holds that Sexual Orientation is Protected Under Title VII

Title VII of the Civil Rights Act of 1964 does not expressly list sexual orientation as a protected classification. Last year, however, the Equal Employment Opportunity Commission held that sexual orientation is a form of...more

The Potential Impact Of a Trump Presidency on Employers

Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more

Pennsylvania Federal Court Issues Groundbreaking Opinion on Sexual Orientation Discrimination

While the stunning election of Donald Trump as this country's 45th President certainly will go down as historic, it's not the only groundbreaking news to have impacted the societal and employment landscape over the last...more

Oh, Wait A Minute — Sexual Orientation Bias DOES Violate Title VII?

Feeling whipsawed? Last summer, I reported on the Hively v. Ivy Tech decision, in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that discrimination based on sexual orientation is...more

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