News & Analysis as of

Sexual Orientation

Employment Law Navigator – Week in Review: June 2017 #3

by Zelle LLP on

Last week, in recognition of the 50th anniversary of the passage of the Age Discrimination in Employment Act, the EEOC held a public meeting at which experts advised that age discrimination and bias against older workers...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

Gay Bias Is Still In The News

by Kelley Drye & Warren LLP on

The Second Circuit has announced that it is scheduling en banc review and has asked the EEOC to weigh in on the controversial question of whether Title VII covers discrimination on sexual orientation. The court has invited...more

Court finds ethical considerations, not same-sex relationship, determined demotion decision

by McAfee & Taft on

The issue of pretext recently played out in a sex discrimination case in which the Tenth Circuit Court of Appeals had to decide whether an employer’s reasons for demoting an employee were legitimate or just a ruse to cover up...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

Employment Law Navigator – Week in Review: May 2017 #5

by Zelle LLP on

Last week, all the judges on the U.S. Court of Appeals for the Second Circuit agreed to review a suit that raises claims of sexual orientation discrimination under Title VII. The case involves a New York skydiving instructor...more

BREAKING: Full Second Circuit To Reconsider Whether Title VII Prohibits Sexual Orientation Bias

The U.S. Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont) agreed yesterday to rehear en banc an appeal from the estate of a gay skydiving instructor who alleged he was fired after a customer...more

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

by Baker Ober Health Law on

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more

New York District Court Holds That Title VII Protects Against Sexual Orientation Discrimination

by BakerHostetler on

Following the Supreme Court decision that same sex marriages are legal, there has been a movement to further expand rights and protections against sexual orientation bias. That trend is appearing in federal courts, where...more

Did You Know . . . Seventh Circuit Issues Landmark Decision Holding Title VII Prohibits Sexual Orientation Discrimination

by Nossaman LLP on

In a landmark decision, the Seventh Circuit recently held that discrimination on the basis of sexual orientation is a form of actionable sex discrimination under Title VII of the federal Civil Rights Act of 1964. Unlike the...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

Seventh Circuit Breaks New Ground, Holding that Sexual Orientation is a Protected Characteristic Under Title VII of The Civil...

by Reminger Co., LPA on

As practically every American is aware, the last two decades have experienced a revolution regarding the legal treatment of sexual orientation, ultimately culminating in the United States Supreme Court’s 2015 decision in...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

Protected Class Status Information: Think Before You Ask

by Zelle LLP on

An April 25th article in Fortune magazine caught our attention this week. Its title is “Goldman Sachs Wants to Know if You Are Gay” and it discusses Goldman’s efforts to measure its success in hiring LGBT applicants. Chief...more

Seventh Circuit Becomes First Circuit Court to Extend Title VII Protection to Sexual Orientation Claims

by Baker Donelson on

On April 5, 2017, the Seventh Circuit Court of Appeals (sitting en banc) became the first appeals court in the country to hold that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual...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

Seventh Circuit Finds Sexual Orientation Protected by Title VII of the Civil Rights Act

by K&L Gates LLP on

On April 4, 2017, the Seventh Circuit Court of Appeals became the first federal appeals court in the United States to find that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual...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

Seventh Circuit Holds That Sexual Orientation Is Protected Under Title VII

With its recent en banc decision in Hively v. Indy Tech. Cmty. Coll. of Ind., 2017 WL 110393 (7th Cir. 2017), the Seventh Circuit became the first federal appellate court to hold that Title VII of the Civil Rights Act of 1964...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

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