News & Analysis as of

Sexual Orientation Discrimination Employer Liability Issues

EEOC Determination: Denial of Transition-Related Health Care Benefits Violates Title VII Rights of Transgender Employees

by Reed Smith on

In a recent Letter of Determination, the U.S. Equal Employment Opportunity Commission (“EEOC”) found probable cause to believe an employer violated the Title VII rights of a transgender employee when it excluded coverage for...more

You Decide: Why The DOJ Says Title VII Does NOT Prohibit Sexual Orientation Bias

Last week, I had a short post about the position taken by the U.S. Department of Justice in the Zarda v. Altitude Express “gay skydiver” case. The DOJ has directly opposed the Equal Employment Opportunity Commission, which...more

Battle Of The Feds! DOJ, EEOC Lock Horns On Sexual Orientation Bias

Whoa. The U.S. Department of Justice and the Equal Employment Opportunity Commission are at cross purposes in the “gay skydiver” case. Are they ever. ...more

Four hot mid-year topics in California employment law

by Thompson Coburn LLP on

As California sizzles under scorching temperatures, state and local governments have turned up the heat on employers. Employers should be aware of and make sure they are in compliance with important legislative changes...more

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

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

by 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

Philadelphia Empowers Agency to Shut Down Discriminating Businesses

by 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

Gay Bias Is Still In The News

by Kelley Drye & Warren LLP on

The Second Circuit has announced that it is scheduling en banc review and has asked the EEOC to weigh in on the controversial question of whether Title VII covers discrimination on sexual orientation. The court has invited...more

WEB EXCLUSIVE: The Changing Face Of Discrimination

by Fisher Phillips on

As all hospitality employers know, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of “sex.” However, the statute does not specifically mention sexual orientation or gender identity. What does...more

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

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

by 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

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

by 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

BREAKING: Full Second Circuit To Reconsider Whether Title VII Prohibits Sexual Orientation Bias

The U.S. Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont) agreed yesterday to rehear en banc an appeal from the estate of a gay skydiving instructor who alleged he was fired after a customer...more

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

by Baker Ober Health Law on

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more

New York District Court Holds That Title VII Protects Against Sexual Orientation Discrimination

by BakerHostetler on

Following the Supreme Court decision that same sex marriages are legal, there has been a movement to further expand rights and protections against sexual orientation bias. That trend is appearing in federal courts, where...more

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

by 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

Seventh Circuit Breaks New Ground, Holding that Sexual Orientation is a Protected Characteristic Under Title VII of The Civil...

by Reminger Co., LPA on

As practically every American is aware, the last two decades have experienced a revolution regarding the legal treatment of sexual orientation, ultimately culminating in the United States Supreme Court’s 2015 decision in...more

Labor and Employment Group News: Employers Must Be Alert to Sexual Orientation Discrimination

by Murtha Cullina on

Many states, including New York, Massachusetts and Connecticut, prohibit employment discrimination based upon an individual’s sexual orientation. Federal law (i.e., Title VII) prohibits employment discrimination because of an...more

Avoiding Illegal Termination of Employees in Nevada

by Dickinson Wright on

One of the many challenges for employers is that, occasionally, employees must be terminated. Unfortunately, sometimes those former employees claim to have been terminated illegally, giving rise to the risk of legal and...more

Employment Law - April 2017 #2

NLRB Affirms New Standard on Employee Email Use - Why it matters - A divided National Labor Relations Board (NLRB) affirmed that if an employer provides employees with access to the email system, then employee use of email...more

Seventh Circuit Becomes First Circuit Court to Extend Title VII Protection to Sexual Orientation Claims

by Baker Donelson on

On April 5, 2017, the Seventh Circuit Court of Appeals (sitting en banc) became the first appeals court in the country to hold that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual...more

Labor & Employment E-Note - April 2017

by Burr & Forman on

Attention employers! What’s your LGBTQ IQ? Nashville Partner Stephen Price invites you to reassess your workplace policies in this article for the Association of Corporate Counsel. Please see full E-Note below for...more

Seventh Circuit Finds Sexual Orientation Protected by Title VII of the Civil Rights Act

by K&L Gates LLP on

On April 4, 2017, the Seventh Circuit Court of Appeals became the first federal appeals court in the United States to find that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual...more

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

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