Sexual Orientation Discrimination Employer Liability Issues

News & Analysis as of

The Benefits of Equality: How Same-Sex Marriage Can Strengthen Your Business

Regardless of whether you believe the Supreme Court should have decided the issue, last week’s decision on marriage equality has the potential to benefit your business. Because the decision creates a uniform definition of...more

Employment Law - June 2015 #2

Joint Employers Can Be Liable for Employee Misclassification in California: Why it matters - Liability under the California Labor Code extends to joint employers that are aware of a willful misclassification of an...more

The U.S. Supreme Court Finds a Constitutional Right to Same-Sex Marriage: Implications for Employee Benefit Plan Sponsors

On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to...more

That is SO last week - June 2015

Last week, Uber suffered a setback in one of the many driver-initiated lawsuits it’s defending. A federal judge in California ruled that the popular ride-sharing app cannot compel arbitration of claims by drivers relating to...more

Transgender and Sexual Orientation Anti-Discrimination Protections — Maybe not yet the Law of the Land, but Your Policies Better...

Though most Americans do not seem to realize it, anti-discrimination legal protections in employment for transgender, gay, bisexual, and lesbian (LGBT) employees are not uniform across the U.S. In fact, the federal Employment...more

Utah LGBT Anti-Discrimination Law Goes Into Effect

The folks at KUER ran a report yesterday on Utah’s ground breaking LGBT antidiscrimination law, which went into effect yesterday. Titled the Antidiscrimination and Religious Freedom Act, the law prohibits workplace...more

DOL Final Rule Prohibiting Discrimination against LGBT Individuals in Government Contracting Effective April 2015

On December 3, 2014, the Department of Labor (DOL) issued a final rule prohibiting federal contractors from discriminating on the basis of sexual orientation and gender identity. The final rule implements Executive Order (EO)...more

First Circuit Reinstates Arbitral Award Despite Arbitration Panel’s Potentially Erroneous Conclusions

The First Circuit Court of Appeals recently reversed the district court’s vacatur ruling and remanded the matter for entry of an order confirming an arbitration award. While the First Circuit found that several of the...more

New OFCCP Regulations Protecting LGBT Workers Now In Effect

As you may recall, last July, President Obama signed an Executive Order prohibiting federal contractors and subcontractors from discriminating on the basis of sexual orientation and gender identity. While many large federal...more

Indiana’s RFRA Battle Highlights Sexual Orientation Discrimination

The current controversy in Indiana surrounding the Religious Freedom Restoration Act (“RFRA”) highlights the issue of whether an employer may discriminate against an individual due to their sexual orientation. The purpose of...more

OFCCP's Final Rule Prohibiting LGBT Discrimination by Federal Contractors Takes Effect April 8, 2015

The OFCCP's final rule implementing President Obama's Executive Order (EO 13672) prohibiting federal contractors from discriminating on the basis of sexual orientation and gender identity takes effect April 8, 2015. ...more

If You Haven’t Already, It’s Time to Add Sexual Orientation and Trans-Gender to Your Discrimination Policy

On its face, federal law does not list sexual orientation or trans-gender status as protected categories. Some states or cities have passed their own laws offering such protections, leaving a patchwork of laws across the...more

OFCCP Issues Final Rule Protecting Workers From Discrimination Based on Sexual Orientation and Gender Identity

In early December, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) announced the issuance of its final rule implementing Executive Order 13672, which amends Executive Order 11246 by...more

OFCCP Seeks Comments on Final Rule Prohibiting LGBT Discrimination

On December 3, 2014, the Office of Federal Contract Compliance Programs (OFCCP) announced its Final Rule implementing Executive Order (EO) 13672 prohibiting federal government contractors and subcontractors from...more

OFCCP Issues Final Rule Prohibiting Sexual Orientation and Gender Identity Discrimination by Federal Contractors

The Office of Federal Contract Compliance Programs (OFCCP) has announced a Final Rule implementing changes made to the affirmative action requirements by Executive Order 13672, which prohibits discrimination based on sexual...more

DOL Issues Final Rule Implementing Executive Order Prohibiting LGBT Discrimination in Government Contracting

On December 3, 2014, the Department of Labor (DOL) released its final rule implementing Executive Order (EO) 13672, “Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and...more

Transgender Employees: The New Protected Category?

By now, most employers are familiar with the list of categories protected from employment discrimination under Title VII of the Civil Rights Act: race, color, religion, national origin and sex. Additional categories are...more

Group health plans for same-sex spouses: Equal treatment required or not?

In our recent webinar, McAfee & Taft attorneys shared with you a number of ramifications from the recent U.S. Supreme Court decision that effectively legalized same-sex marriage in Oklahoma. One of the key questions we...more

LGBT Charges Are Rolling In, EEOC Commissioner Says

Chai Feldblum, a Commissioner of the U.S. Equal Employment Opportunity Commission, recently presented an update on the EEOC’s handling of charges alleging sexual orientation and gender identity discrimination....more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

President Expands OFCCP Jurisdiction to Investigating Discrimination Based on Sexual Orientation and Gender Identity

Effective immediately, federal contractors, including construction employers working on federally-funded construction projects, and federal government employers are prohibited from discriminating against applicants and...more

Protecting the Rights of LGBT Employees in the United States and Abroad

On July 21, President Obama issued an Executive Order prohibiting federal government contractors from discriminating against lesbian, gay, bisexual, and transgender (“LGBT”) employees. The President directed the U.S....more

Do Recent Events Impact Your Discrimination and Harassment Training?

You’ve probably already heard about President Obama’s executive order banning anti-LGBT workplace discrimination. The question is, how will it impact you and your organization? Have you heard that the EEOC recently...more

President Obama Issues Two Executive Orders in 10-Day Period

President Obama issued the Fair Pay and Safe Workplaces Executive Order on Wednesday, July 30 only 10 days after prohibiting federal contractors from discriminating based on sexual orientation and gender identity, in the...more

Protection from Sexual-Orientation Discrimination in Pennsylvania

In Whitewood v. Wolf, a federal judge struck down a Pennsylvania law that limited the definition of marriage to that between “one man and one woman.” In his momentous opinion, Judge Jones also declared that classifications...more

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