Sexual Orientation Discrimination

News & Analysis as of

Seventh Circuit Could Up-End Approach to Sexual Orientation Discrimination

On November 30, 2016, all of the judges of the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin) reheard a case that could change the way federal courts treat sexual orientation-based discrimination...more

Courts Say Title VII Forbids Employment Discrimination Based on Sexual Orientation and Gender Identity

Seyfarth Synopsis: Increasingly, courts have held that discrimination on the basis of sexual orientation and gender identity violates Title VII. Federal district courts in Nevada and Pennsylvania have recently joined their...more

Employment Law Navigator – Week in Review: December 2016

Last week was a big one for wage and hour law. The Department of Labor filed a notice of its intent to appeal the injunction stopping enforcement of its new FLSA overtime rule and asked the Fifth Circuit to expedite the...more

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation....more

"Gay cake" appeal decided

The Christian owners of a bakery in Northern Ireland have lost their appeal against a finding that their refusal to make a “gay cake” was discriminatory....more

[Webinar] Bathroom Break – Employee Access to Bathrooms, ADA Accessibility and Transgender Bathrooms - Dec. 13th, 1:00pm EST

Although not typically thought of as a hotbed of OSHA/Employment law activity, access to bathrooms by both employees, as well as members of the public, has become a high profile issue of late. OSHA has always required...more

Employment Law - November 2016 #2

AARP Challenges EEOC’s Wellness Program Regulations - Why it matters - The AARP filed suit against the Equal Employment Opportunity Commission (EEOC) in D.C. federal court, requesting an injunction to halt the...more

Sexual Orientation Discrimination Claims Under TITLE VII Won’t Be Dismissed…in the U.S. District Court for the Western District of...

The EEOC is on a mission to expand the scope of Title VII to prohibit employers from discriminating against employees on the basis of sexual orientation, and that mission has been accomplished (for now) in the United States...more

Employment And Labor Law Developments (And A Few Other Things) I’m Thankful For

This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S....more

Supreme Court to Rule on Case Addressing Bathroom Access Based on Gender Identity

On October 28, 2016, the U.S. Supreme Court agreed to hear an appeal in the matter of Gloucester County School Board v. G.G., which asks the Court to weigh in on the issue of restroom access for transgender students. The...more

Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

The Equal Employment Opportunity Commission (‘EEOC”) has been aggressively advancing its position that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation even though sexual...more

Predicting the Unpredictable - Labor and Employment Law Under President-Elect Trump

It’s been almost two weeks since Donald Trump was elected president, and information has been starting to emerge about his potential administration and policies. This week, HR Legalist examines some of the potential...more

Pittsburgh Pennsylvania Federal Judge: Employers Cannot Discriminate Based on Sexual Orientation

On November 4, 2016, a federal judge in Pittsburgh ruled that federal law prohibits an employer from discriminating against an employee based on their sexual orientation. In light of this decision by Judge Cathy Bissoon in...more

Sexual Orientation Discrimination is Prohibited by Title VII, Federal Court Rules

The prohibition against sex discrimination under Title VII of the Civil Rights Act extends to sexual orientation, Judge Cathy Bissoon of the Western District of Pennsylvania has ruled. EEOC v. Scott Medical Health Ctr., No....more

Pennsylvania Federal Court Holds that Sexual Orientation is Protected Under Title VII

Title VII of the Civil Rights Act of 1964 does not expressly list sexual orientation as a protected classification. Last year, however, the Equal Employment Opportunity Commission held that sexual orientation is a form of...more

Government Contracting and Executive Orders Under a Trump Administration - Part One

With President-elect Trump’s victory, what is the future of President Barack Obama’s executive orders? As President Obama’s administration winds down, the Department of Labor has finalized regulations implementing several...more

The Potential Impact Of a Trump Presidency on Employers

Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more

Pennsylvania Federal Court Issues Groundbreaking Opinion on Sexual Orientation Discrimination

While the stunning election of Donald Trump as this country's 45th President certainly will go down as historic, it's not the only groundbreaking news to have impacted the societal and employment landscape over the last...more

Oh, Wait A Minute — Sexual Orientation Bias DOES Violate Title VII?

Feeling whipsawed? Last summer, I reported on the Hively v. Ivy Tech decision, in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that discrimination based on sexual orientation is...more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Federal Court Issues Historic Ruling in EEOC Lawsuit: Civil Rights Act of 1964 Prohibits Sexual Orientation Discrimination

Court Agrees With Federal Agency's Position That Sexual Orientation Discrimination Is a Form of Sex Discrimination Prohibited by Title VII - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced...more

SCOTUS Grimm decision could impact CFPB position on ECOA protection for gender identity and sexual orientation

On October 28, 2016, the U.S. Supreme Court granted the petition for a writ of certiorari in Grimm v. Gloucester County School Board, a decision of the U.S. Court of Appeals for the Fourth Circuit that marked the first time...more

Sexual Orientation Discrimination Under Title VII

Last week, on November 4, 2016, a District Judge in the Eastern District of Pennsylvania held that discrimination based on sexual orientation constitutes sex stereotyping and is prohibited by Title VII. EEOC v. Scott Medical...more

Title VII & Sexual Orientation: Update

Federal law does not explicitly prohibit discrimination in employment on the basis of sexual orientation, gender identity, or transgender status. Title VII of the Civil Rights Act of 1964 makes it an “unlawful employment...more

Employment Newsletter - Fall 2016

Over the last five years, members of the LGBTQ community have had much to celebrate as traditional barriers to equality have been knocked down one-by- one by the federal government. In 2010, the Patient Protection and...more

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