Sexual Orientation

News & Analysis as of

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

Non-Binary Gender Identities in the Workplace

Gender fluid, gender variant, non-binary, agender, pangender—these are just a few examples of the more than 50 gender-identity options, beyond male and female, now available to users of Facebook. These genders do not,...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

EEOC Makes Protecting Rights Of LGBT Workers A Top Priority

As the debate over gay marriage continues to intensify throughout the country, so does the issue of workplace rights for the lesbian, gay, bisexual and transgender (LGBT) community. LGBT workers currently face substantial...more

Senator Murphy: Prospects “Not Too Good” for Federal Bill Prohibiting Sexual Orientation Discrimination (ENDA)

As many wait for the Supreme Court’s decision later this term on same-sex marriages, one issue that seems to get lost in the shuffle is the fact that there is still no federal law prohibiting discrimination in employment on...more

Phoenix Now Prohibits Employers from Discriminating on the Basis of Sexual Orientation, Gender Identity or Expression, and...

After more than five hours of heated debate and public discourse, the Phoenix City Council amended the Phoenix City Code on February 26, 2013 to ban discrimination in employment on the basis of “sexual orientation,” “gender...more

Phoenix City Council Votes In Favor Of Expansion Of Anti-Discrimination Ordinance To Include Gay, Lesbian, Bisexual, And...

On February 26, 2013, by a vote of 5 to 3, the Phoenix City Council approved a proposal to expand the Phoenix City Code’s anti-discrimination ordinance to more broadly prohibit discrimination against gay, lesbian, bisexual,...more

Can Being Called “Too Flamboyant” Be Basis for State Gender Discrimination Claim?

Let’s play the “law school hypothetical” game for a minute. (I know, not as exciting as a cat being chosen in Monopoly, but bear with me.)You hear the following allegations...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - January 11, 2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - MISCELLANY - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - PRIVACY/DATA SECURITY -...more

HUD Obtains First Settlement Under Rule Requiring Sexual Orientation And Gender Identity Equal Access

On January 2, HUD announced that a lender agreed to settle a claim that it refused to provide FHA financing to a lesbian couple. HUD noted that the agreement is the first enforcement action taken under a rule finalized in...more

Woman Sues Queens Sizzler for Alleged Gay Bias Attack by Manager, New York Civil Rights Violation Lawyer Comments

New York civil rights violation lawyer David Perecman comments on the discrimination lawsuit filed against the Forest Hills Sizzler by a gay diner. She claimed she was attacked and berated at the Queens restaurant because of...more

DOE Issues Guidance on Equal Access Act Targeted at Ensuring Access to Student Groups Such as the Gay-Straight Alliances

Following the recent series of guidance letters from the U.S. Department of Education’s Office for Civil Rights (OCR) calling for a reduction of bullying in schools, the Department issued legal guidelines regarding the Equal...more

How Starbucks Reacts to Gay Bias Allegation Critical, New York Civil Rights Violation Lawyer Says

The way a business handles a bias allegation in New York has a dramatic effect on the way customers perceive it, said New York civil rights violation lawyer David Perecman. Starbucks said it is investigating claims that...more

Gay Employee Could Proceed With Retaliation But Not Harassment Claim Under Title VII

Dawson v. Entek Int’l, 630 F.3d 928 (9th Cir. 2011) Shane Dawson, a former temporary production line worker for Entek, ran a production line that rolled up battery separators. Dawson, who is gay, worked with 24 other...more

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