Sexual Orientation

News & Analysis as of

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

Agencies Release Guide on LGBT Discrimination Protections for Federal Workers

WASHINGTON, D.C. - Today, four Federal Government agencies with roles in ensuring fairness in the federal workplace released a guide on the rights and processes available to applicants and employees who allege sexual...more

[Event] 2015 D.C. Pride Week Celebration - June 4, Washington, D.C.

Pride Week Celebration - hosted by Sheppard Mullin - June 4, 2015 6:00 p.m. - 9:00 p.m....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

Another Day, Another Rule for Federal Contractors

As we previously noted, federal contractors have been besieged in recent months with regulatory changes and enforcement initiatives advanced by the Office of Federal Contract Compliance Programs (“OFCCP”) and various...more

Transgender Employees: The New Protected Category?

By now, most employers are familiar with the list of categories protected from employment discrimination under Title VII of the Civil Rights Act: race, color, religion, national origin and sex. Additional categories are...more

Title VII at 50: What's New? - Employment Law Update

This summer marked the 50th anniversary of the Civil Rights Act of 1964, legislation first introduced by President John F. Kennedy in response to the growing civil rights movement. For employers, the most important component...more

HUD PIH issues Equal Access Rule implementation guidance

HUD’s Office of Public and Indian Housing (PIH) recently issued PIH 2014-20 (PIH Notice) providing guidance to public housing authorities (PHAs), PHA affiliates and instrumentalities, mixed-finance owners and owners of...more

Is Sexual Orientation Including Gender Identity the Next Universally Protected Class in Employment Law?

On July 21, 2014, President Obama signed an executive order expanding protection of employees of the federal government provided by Executive Orders 11478 and 11246. Specifically, individuals in federal employment cannot be...more

President Obama Signs Executive Order Prohibiting Federal Contractors from Discriminating Based on Sexual Orientation and Gender...

Frustrated with Congress's failure to pass the Employment Non-Discrimination Act (ENDA) and consistent with his recent Executive Order to raise the minimum wage to $10.10 per hour for employees of federal contractors,...more

New Employment Protections for LGBT Employees of Federal Contractors, U.S. Government

Continuing to use executive authority to act in the absence of Congressional action, President Obama signed an Executive Order on July 21, 2014 that gave new protections against discrimination to lesbian, gay, bisexual and...more

President Obama Signs Executive Order Banning LGBT Job Discrimination by Federal Contractors and Government

What the Executive Order Does - This Executive Order amends two earlier executive orders: it amends Executive Order 11246, which prohibits discrimination by federal contractors to add sexual orientation and gender...more

Federal Contractors Beware – Part 2

Federal contractors beware. More changes are coming your way. On July 21, 2014, President Obama issued an executive order prohibiting discrimination by federal contractors on the basis of gender identity and sexual...more

Obama Poised to Unilaterally Impose LGBT Workplace Protections

Making good on his pledge to govern by executive order, rather than awaiting congressional legislation, President Obama has announced that he will soon sign an order barring federal contractors from discriminating against...more

President Obama Plans to Sign LGBT Anti-Discrimination Executive Order

President Barack Obama will soon sign an executive order barring federal government contractors from discriminating against lesbian, gay, bisexual, and transgender ("LGBT") employees and job applicants, according to recent...more

White House Moves to Increase ENDA Workplace Protections for LGBT Community

The White House recently announced President Obama's intention to sign an executive order banning federal contractors from discriminating against lesbian, gay, bisexual and transgender (LGBT) employees. If signed, the order...more

Houston Mayor Proposes City Ordinance On Sexual Orientation Discrimination

Houston is one of the few major cities in the country without a law prohibiting discrimination on the basis of sexual orientation. Neither federal nor Texas law includes such a protected category, however, other Texas cities...more

Title VII at Age 50: Still Room for Creativity? Developing New Defenses and Testing New Claims

New Substantive Uses of Title VII - Sexual Orientation And Gender Identity: ..Issue: Whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. ..Statutory...more

Tempe City Council Broadens Anti-Discrimination Ordinance To Encompass Gay, Lesbian, Bisexual, And Transgendered Individuals

On February 27, 2014, by unanimous vote, the Tempe City Council approved a proposal to expand the Tempe City Code’s anti-discrimination ordinance to prohibit discrimination in housing, employment, and public accommodation on...more

Gender Identity Legislation Introduced Again

After a 6-5 committee defeat in last year’s legislative session, Sen. Richard S. Madaleno, Jr. (D-Mont. Co.) has introduced the Fairness for All Marylanders Act of 2014 or “FAMA” (SB212) which is a reiteration of the 2013...more

December 2013: Trial Practice Update - Ninth Circuit Appeal Raises Questions Whether Batson Forbids Sexual Orientation-Based...

Can you strike a prospective juror simply because he is gay? A small number of states, including California, prohibit peremptory challenges based on sexual orientation, but the issue is unsettled in most jurisdictions,...more

ENDA Prevails in the Senate, but Will it End in the House?

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“ENDA”), legislation that would prohibit workplace discrimination based on sexual orientation or gender identity. The ban would join similar...more

Manatt’s Amicus Briefs Help Protect LGBT Youth From Abusive “Gay Conversion” Therapy

In a highly publicized, published opinion, the Court of Appeals for the Ninth Circuit recently upheld California’s SB 1172, the first law in the United States to bar licensed mental health providers from treating patients...more

Philadelphia Increases Employment Protections for LGBT Individuals

New ordinance has a number of provisions that may impact employers doing business in the city. On May 9, Philadelphia Mayor Michael Nutter signed into law a bill that steps up the city's efforts to become what the...more

Employment Non-Discrimination Act Introduced Again

The Employment Non-Discrimination Act (“ENDA”) was introduced on April 25 as S-815. A companion bill HR 1755 was introduced in the House. The legislation prohibits employment discrimination on the basis of sexual orientation....more

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