Sexual Orientation Discrimination

News & Analysis as of

What the Supreme Court’s Same-Sex Marriage Ruling Means for Employers

On Friday, the Supreme Court of the United States issued its long-awaited opinion in the Obergefell case, striking down bans on same-sex marriage as unconstitutional and legalizing same-sex marriage in every state. We posted...more

That is SO last week - June 2015 #3

Last week's historic U.S. Supreme Court decision on same-sex marriage dominated the news across the country. Among its many effects, this ruling means that human resources departments will be busy revising Family and...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

First Glance: Same-Sex Marriage Equality Decision Raises Myriad Legal Questions

First glance perspective of the historic same-sex marriage equality decision by the U.S. Supreme Court, by Brian Paul, business litigation partner in law firm FaegreBD’s Indianapolis office....more

A First Look at the Workplace Implications of Same-Sex Marriage Equality

We asked attorneys writing on JD Supra to share with us their initial thoughts on the implications of the U.S. Supreme Court's Obergefell decision in favor of same-sex marriage equaliy, especially with the regard to the...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

OSHA’s New Guidance on Transgender Restroom Access: What Employers Need to Know

On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more

OSHA Issues Guidance on Transgender Workers and Workplace Restrooms

For those savvy employers staying ahead of the curve, here’s something new: OSHA has published a “Best Practices” guide addressing restroom access for transgender workers. To be clear, as “guidance,” the OSHA publication is...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

Same-Sex Marriage Bans As Sex Discrimination: The potential impact on plan sponsors

In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question: Counsel, I’m, I’m not sure it’s necessary to get into sexual orientation to resolve...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

The New OFCCP Sexual Orientation And Gender Identity Protections Are Now In Effect

Yesterday, Executive Order (“EO”) 11246, as amended by EO 13762, officially went into effect, representing the first time in the federal sector that sexual orientation and gender identity have been expressly protected. On...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

Weekly Update Newsletter - April 2015

GOVERNMENT CONTRACTS - GSA and HHS Issue a Notice Regarding Conducting a National Dialogue To Reduce Reporting Compliance Costs for Federal Contractors and Grantees - The General Services Administration (GSA)...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

Keep an Eye on Executive Orders and Presidential Memoranda for Key Employment Initiatives in 2015

With Republicans in control of both the Senate and the House of Representatives, the showdown between President Obama and Congress on the labor and employment front promises to continue into 2015. Expect to see the...more

Utah passes historic legislation against sexual orientation and gender identity discrimination

On March 12, Utah Governor Gary Herbert signed into law newly enacted legislation aimed at preventing employment and housing discrimination against gays, lesbians, and transgender individuals. The monumental legislation...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

Blog: OFCCP Provides List of Resources for Contractors Relating to LGBT Workers

The Office of Federal Contract Compliance Programs (“OFCCP”) recently published a list of resources to assist federal contractors in better understanding how to create an inclusive workplace for lesbian, gay, bisexual, or...more

District of Columbia Passes Two New Non-Discrimination Laws Impacting Employers

Earlier this week, D.C.’s Mayor signed two new measures amending the D.C. Human Rights Act (“DCHRA”) to prohibit (1) discrimination against employees of religiously-affiliated educational institutions on the basis of sexual...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

Annual Report On EEOC Developments: Fiscal Year 2014

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics ...more

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