Sexual Orientation Discrimination

News & Analysis as of

When Will We Know If Title VII Applies To Cases of Sexual Orientation Discrimination?

A Judge in the Northern District of Illinois has found that the protections of Title VII of the Civil Rights Act of 1964 do not extend to cases of discrimination on the basis of sexual orientation. This ruling is in...more

Can a Massachusetts Religious School Refuse to Employ a Worker in a Same-Sex Marriage?

In Barrett v. Fontbonne Academy, the Massachusetts Superior Court curtailed various statutory and constitutional defenses available to an employer affiliated with a religious institution that faces discrimination claims under...more

Beware the Landmines: New and Coming Labor and Employment Laws

From 2014 to 2016 there has been an explosion of labor & employment “laws” through Executive Orders, new regulations and proposed regulations. Some of the requirements apply to all employers, while those issued by...more

Georgia Weekly Legislative Update

The Georgia General Assembly closed out the second week of the legislature’s two-year session Friday, busying itself with the governor’s budget recommendations and consideration of a host of controversial religious liberty...more

New York Regulations Governing Gender Identity Discrimination Take Effect

As we recently reported, in October 2015, Governor Cuomo introduced regulations under the New York Human Rights Law banning discrimination and harassment against transgender individuals. Following a 45-day comment period,...more

New York State Division of Human Rights Adopts Regulations Prohibiting Discrimination Against Transgender Individuals

As we reported in a blog post last month, although neither the federal nor state law expressly prohibits discrimination on the basis of gender identity or expression, Governor Cuomo bypassed the legislative process and urged...more

The EEOC Continues To Recognize Sexual Orientation Discrimination As Sex Discrimination Under Title VII

On January 6, 2016, the EEOC field an amicus brief in Barbara Burrows v. The College of Central Florida arguing, for the first time, that Title VII of the Civil Rights Act of 1964 protects workers against sexual orientation...more

EEOC Pushes to Expand Title VII’s Reach to Sexual Orientation Claims

When you’ve been blogging as long as Jon Hyman (of Ohio Employer’s Law Blog) and I have, your minds seem to work in a similar fashion. For a few days, I’ve been working on a draft of a blog post about the EEOC’s goal of...more

Employment Law Navigator – Week in Review: January 2016 #2

Last week, a California judge made news when he threw out a $7.1million jury verdict. The verdict had been handed down in the high-profile age and disability discrimination suit brought by the well-known sports curmudgeon...more

Why The EEOC Believes Title VII Bans Sexual Orientation Bias

The Equal Employment Opportunity Commission filed a “friend of the court” brief in a sexual orientation discrimination appeal, arguing that sexual orientation discrimination is “sex discrimination” prohibited by Title VII....more

California Federal Judge Rules Title IX Covers Sexual Orientation Discrimination

In December, 2015, a federal judge in California ruled that discrimination based on sexual orientation violates Title IX, broadly interpreting the statute that prohibits sex discrimination in colleges and universities....more

Sexual-Orientation Discrimination: The Lessons for Most Employers Will Be Clear Even if Federal Law Remains Unsettled

Attitudes toward same sex relationships have experienced enormous change in recent years. Perhaps the most dramatic manifestation of this shift is the Supreme Court’s decision this June in Obergefell v. Hodges striking down...more

Employment Law 2015 - Year In Review

Employment law is a constantly changing legal landscape and the past year provided employers and employees with a great deal of food for thought. The following cases and decisions by courts, the National Labor Relations Board...more

College Basketball Players Can Bring Sexual Orientation Claim Under Federal Law, And Why Employers Should Pay Attention

In the months since the EEOC’s landmark ruling in Baldwin v Foxx, the looming question has been: Would federal courts adopt the Commission’s position that claims of sexual orientation discrimination were cognizable under...more

Employment Law Navigator – Week in Review: December 22, 2015 #3

Last week, a federal judge in the Central District of California made big news when he found that “claims of sexual orientation discrimination are gender stereotype or sex discrimination” prohibited by Title VII of the Civil...more

Looking Back, Looking Forward Part 2

Last week, we looked back at 2015 changes to FLSA and NLRB guidance on employee handbooks. This week, we’re taking a look at discrimination and leave laws....more

How New Discrimination Ordinances in Anchorage and Bethel May Affect Your Business

Anchorage became the first Alaska town to pass a civil rights ordinance that extends protections to gay, lesbian, transgender and bisexual people in housing, employment and public accommodations. The new ordinance, passed in...more

Beware the Landmines: New and Coming Labor and Employment Explosions

During 2014-16, there has been an explosion of labor & employment “laws” through Executive Orders, new regulations and proposed regulations. Some of the requirements apply to all employers, while those issued by Presidential...more

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

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