Sexual Orientation Discrimination

News & Analysis as of

CFPB raising LGBT issues with supervised entities

We recently blogged about remarks made by Patrice Ficklin, Director of the CFPB’s Office of Fair Lending, at the American Bar Association’s Consumer Financial Services Institute. In her remarks, she stated that the CFPB is...more

Five 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

Missouri Appeals Court Holds Sexual Orientation Discrimination is not Prohibited by Missouri Human Rights Act

In a case of first impression at the appellate level, the Missouri Court of Appeals for the Western District of Missouri has held that the Missouri Human Rights Act (“MHRA”) does not prohibit discrimination based on sexual...more

New York State Proposes Regulations Protecting Transgender Individuals From Discrimination and Harassment in Employment

After several failed attempts to pass legislation banning discrimination and harassment against transgender individuals, New York State Governor Andrew Cuomo directed the New York State Division of Human Rights to issue...more

Avoiding Discrimination Claims After Obergefell

In June 2015, the Supreme Court of the United States issued its long-awaited opinion in Obergefell v. Hodges, striking down bans on same-sex marriage as unconstitutional and legalizing same-sex marriage in every state (135 S....more

Trial Court’s Dismissal of Sexual-Orientation Discrimination Claim Was Proper Says Divided Missouri Court of Appeals

In Pittman v. Cook Paper Recycling Corp., WD 77973 (Mo. App. W.D. Oct. 27, 2015) a divided panel of the Missouri Court of Appeals for the Western District affirmed the dismissal of an employee’s claim of discrimination based...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

Data privacy in the Americas - At a glance

As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be...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

Fair Lending Director Ficklin Discusses Small Business Lending, LGBT issues, LEP consumers and Inclusive Communities at ABA...

Last Thursday, I had the pleasure of teaching a class on payments and banking products to new lawyers at the American Bar Association’s Consumer Financial Services Institute. I arrived early for the class and got to hear a...more

Business without bias: Avoid LGBT discrimination or pay the price

It’s apparent that societal attitudes are changing toward the LGBT community. Before the U.S. Supreme Court legalized gay marriage nationwide, many states had already done so. In other areas, however, the legal status of...more

New HHS Rules Will Provide Greater Protections Against Gender Identity Discrimination

The Obama administration continues to use its executive authority to expand societal inclusion of transgender individuals. On September 3, the Department of Health and Human Services issued proposed rules under Section 1557...more

Religious Institutions: September 2015

Respondeat superior (literally, "let the master answer" in Latin) is a doctrine that applies when an employer or principal has the ability and authority to direct and control the pertinent acts of the employee. Put otherwise,...more

Lessons Employers Can Learn from Kentucky Clerk’s Same-Sex Marriage License Dispute

Almost every day the news carries an additional story about Kim Davis, the Rowan County, Kentucky clerk who has defied the Supreme Court by refusing to issue marriage licenses to same-sex couples. The Kim Davis story may be...more

Your Legal Rights as a US Immigrant

As an immigrant to the United States, some of the rights outlined in the U.S. Constitution and Bill of Rights, as well as other laws, apply to you. Which ones will depend on the nature of your status in the United States....more

Nondiscrimination in Health Programs and Activities: Proposed Rules from HHS

...So, why did HHS need over five years to propose the set of rules published September 8? Here are a few highlights. For brevity’s sake, we omit foreign language service requirements, disability accommodation, compliance...more

Manatt on Health Reform: Weekly Highlights - September 2015 #2

Colorado’s uninsured rate is down 9 percentage points in four years; Michigan requests increased cost-sharing for its Medicaid expansion population above the federal poverty line; and, HHS’s proposed guidance strengthens...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

President Obama to Issue Executive Order Mandating Paid Sick Leave for Federal Contractors

We recently learned that President Obama plans to issue an Executive Order mandating paid sick leave for employees of federal contractors and subcontractors. This comes as no surprise as the President has utilized his power...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

That is SO last week - August 2015 #4

We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...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

Colorado Rules Baker Cannot Refuse Service to Same-Sex Couples for Religious Reasons

In a post last week, I discussed how some believe Tennessee’s version of the Religious Freedom Restoration Act (“RFRA”) could allow Tennessee businesses to refuse service to same-sex couples despite a recent ruling that...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

That is SO last week - August 2015 #2

Pay was the big deal last week. A divided Securities and Exchange Commission voted to approve the CEO Pay Ratio Rule. The new rule requires publicly traded companies to disclose the ratio of their chief executive officer’s...more

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