News & Analysis as of

Sexual Orientation Discrimination Gender Identity Sexual Orientation

Management Alert – The Current Federal Retrenchment on LGBT Rights

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment....more

What to Do with the Federal Government's Internally Inconsistent Interpretations of Title VII

Less than two and a half years ago, the federal government and courts generally agreed that Title VII did not prohibit discrimination on the basis of sexual orientation. But that consensus is no longer; within the last six...more

DOJ amicus brief in employment discrimination case undermines CFPB position on ECOA protection for sexual orientation

by Ballard Spahr LLP on

The Department of Justice has filed an amicus brief in a case pending before the U.S. Court of Appeals for the Second Circuit that presents the question of whether the prohibition on employment discrimination on the basis of...more

Is Sexual Orientation Protected Under Title VII? The DOJ Weighs In

by Littler on

Last week, on Wednesday July 26, 2017, the United States Department of Justice (DOJ) filed an amicus brief in a Second Circuit case taking the position that Title VII does not protect employees against sexual orientation...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

Sexual Orientation Discrimination and Title VII - The Seventh Circuit Weighs In

In July 2015, the Equal Employment Opportunity Commission ("EEOC") published a guidance titled What You Should Know About EEOC and the Enforcement Protections for LGBT Workers, which took the position that employment...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

Second Circuit Orders En Banc Review of Panel Holding that Title VII Does Not Prohibit Sexual Orientation Discrimination

We previously discussed the conflict between a Second Circuit panel’s holding in April that Title VII of the 1964 Civil Rights Act did not prohibit discrimination on the basis of sexual orientation and the Seventh Circuit’s...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

Discrimination Based on Sexual Orientation -- The Wave Grows

by Foley & Lardner LLP on

Back in March we explored the question, “So – Are LGBTQ Rights Protected Under Federal Employment Law or Not?” In that article, which unpacked a recent federal court decision on LGBTQ workplace protections, we concluded that...more

Full Second Circuit Asked to Revisit Prior Precedent that Title VII Does Not Protect Sexual Orientation

by FordHarrison on

On April 3, 2017, in Christiansen v. Omnicom Group, Inc., the Second Circuit held that it was bound by prior precedent in ruling that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation...more

"Common Sense Reality": Seventh Circuit Holds That Sexual Orientation Discrimination Violates Title VII

by FordHarrison on

In a landmark decision overruling decades of precedent, the Seventh Circuit en banc declared that sexual orientation discrimination violates Title VII in Hively v. Ivy Tech Community College. This comes as the first decision...more

Second Circuit Panel: No, We Still Can’t Overturn Precedent on Sexual Orientation Discrimination

As we observed in a recent post on the Seventh Circuit’s decision in Hively v. Ivy Tech Community College extending Title VII to sexual orientation claims, the Supreme Court will probably have to resolve the disagreement...more

Expanding the Reach of Title VII: Seventh Circuit Recognizes Sexual Orientation as a Protected Class

In a shift from its earlier interpretations, the U.S. Court of Appeals for the Seventh Circuit overruled its prior precedent and held in Hively v. Ivy Tech Community College of Indiana, No. 15-1720, 2017 U.S. App. LEXIS 5839...more

Does Title VII Prohibit Discrimination Based on Sexual Orientation: the Eleventh Circuit Says No, While the Seventh Circuit Says...

by Burr & Forman on

Since its inception, Title VII of the Civil Rights Act of 1964 (Title VII) has prohibited employers from discriminating against employees and applicants because of their sex. In the past couple of years, plaintiffs, affinity...more

The Seventh Circuit's Recent Ruling on Sexual-Orientation Discrimination: What School Districts Need to Know

by Hogan Lovells on

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court in the country to hold that Title VII of the Civil Rights Act of 1964 prohibits employers from...more

Federal Appeals Court Includes Sexual Orientation in Title VII Protection for First Time

by Barley Snyder on

A landmark decision from a federal appeals court declared for the first time that sex discrimination includes discrimination on the basis of “sexual orientation” under Title VII....more

CFPB May Rely on New Employment Discrimination Case in Fair Lending Context

by Ballard Spahr LLP on

The CFPB may seek to rely on a recent Seventh Circuit employment discrimination case to support its view that the Equal Credit Opportunity Act’s (ECOA’s) prohibition against discrimination on the basis of “sex” includes...more

Legislators Jump into Sexual Orientation Discrimination Ring

by Akerman LLP - HR Defense on

Employers take note: On the heels of the Seventh Circuit landmark and controversial ruling last week that Title VII does, in fact, prohibit sexual orientation discrimination in the workplace, a group of prominent democratic...more

Seventh Circuit Holds that Title VII Prohibits Sexual Orientation Discrimination

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit (which serves three states – Indiana, Illinois and Michigan), ruled that sexual orientation discrimination is a form of sex discrimination under...more

The Seventh Circuit Court of Appeals Rules Title VII Of The Civil Rights Act of 1964 Prohibits Sexual Orientation Discrimination

by Dickinson Wright on

On April 4, 2017 the U.S. Court of Appeals for the Seventh Circuit ruled in Hively v. Ivy Tech Community College of Indiana (Docket No. 15-1720) that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the...more

Seventh Circuit Recognizes Sexual Orientation as Protected Class

by Cozen O'Connor on

This week, the US Court of Appeals for the Seventh Circuit became the first Federal Court of Appeals to hold that discrimination based on sexual orientation is actionable under Title VII of the Civil Rights Act. This decision...more

Title VII Protects Against Sexual Orientation Discrimination, 7th Circuit Holds

by Ballard Spahr LLP on

In a landmark decision, the Seventh Circuit has become the first federal court of appeals to find that Title VII of the Civil Rights Act of 1964 prohibits discrimination against individuals because of their sexual...more

Seventh Circuit Finds Discrimination on the Basis of Sexual Orientation Prohibited by the Civil Rights Act

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit becomes the first appellate court to hold that discrimination on the basis of sexual orientation is prohibited as sex discrimination under Title VII. The decision establishes a circuit...more

In a Landmark Ruling, the Seventh Circuit Becomes First Court of Appeals to Ban Sexual Orientation Discrimination

by Franczek Radelet P.C. on

Setting the stage for the U.S. Supreme Court to tackle the issue, the Seventh Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin) yesterday overturned decades of precedent and held that Title VII of the...more

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