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SCOTUS Won't Review Sexual Orientation Bias Case

The issue of whether Title VII prohibits sexual orientation bias will have to be resolved another day. This week the U.S. Supreme Court denied a petition for writ of certiorari filed by the plaintiff in Evans v. Georgia...more

Title VII Does Not Ban Gender Identity Discrimination, DOJ Says

Asserting that the U.S. Department of Justice “must interpret Title VII as written by Congress,” the DOJ is reversing the Obama-era interpretation of Title VII, taking the position that Title VII does not prohibit...more

You Decide: Why The DOJ Says Title VII Does NOT Prohibit Sexual Orientation Bias

Last week, I had a short post about the position taken by the U.S. Department of Justice in the Zarda v. Altitude Express “gay skydiver” case. The DOJ has directly opposed the Equal Employment Opportunity Commission, which...more

Battle Of The Feds! DOJ, EEOC Lock Horns On Sexual Orientation Bias

Whoa. The U.S. Department of Justice and the Equal Employment Opportunity Commission are at cross purposes in the “gay skydiver” case. Are they ever. ...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

The Deep Dive: A Closer Look At The Seventh Circuit’s Sexual Orientation Decision

As we reported early this morning, the full U.S. Court of Appeals for the Seventh Circuit decided in Hively v. Ivy Tech Community College of Indiana that the prohibition in Title VII against discrimination based on “sex”...more

BREAKING: Title VII Bans Sexual Orientation Bias, Court Finds

The full U.S. Court of Appeals for the Seventh Circuit ruled yesterday that sexual orientation discrimination is indeed prohibited “sex discrimination” within the meaning of Title The decision was issued in the case of...more

“Free To Be . . . You And Me”: The 11th Circuit’s Strange LGBT Decision

This latest decision from the U.S. Court of Appeals for the Eleventh Circuit on sexual orientation discrimination is weird. A panel of the court found 2-1 in Evans v. Georgia Regional Hospital that the plaintiff did not have...more

Victoria Lipnic named as acting chair of EEOC

Law360 reported yesterday that Victoria Lipnic, who has served as one of the two Republican Commissioners of the Equal Employment Opportunity Commission during the Obama Administration, has been appointed by President Trump...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

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

Court sets aside Title VII sexual orientation decision, agrees to rehear

The full U.S. Court of Appeals for the Seventh Circuit has vacated Hively v. Ivy Tech Community College, which found that Title VII did not protect against sexual orientation discrimination. I wrote about the decision, issued...more

Huh? Title VII And Sexual Orientation Bias, Revisited

The U.S. Court of Appeals for the Seventh Circuit decided last week in Hively v. Ivy Tech Community College that sexual orientation discrimination is not prohibited by Title VII, consistent with a long line of appellate court...more

Is Your Company Small? The EEOC Has A Little Fact Sheet That May Help.

The Equal Employment Opportunity Commission released a nice little “fact sheet” this week for small businesses, summarizing their obligations under the laws that the EEOC enforces. ...more

BREAKING: EEOC Files 2 Title VII Suits Alleging Sexual Orientation Bias

The Equal Employment Opportunity Commission filed today two lawsuits contending that employers’ alleged discrimination and harassment based on sexual orientation violates the Title VII ban on sex discrimination. One suit was...more

Why The EEOC Believes Title VII Bans Sexual Orientation Bias

The Equal Employment Opportunity Commission filed a “friend of the court” brief in a sexual orientation discrimination appeal, arguing that sexual orientation discrimination is “sex discrimination” prohibited by Title VII....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

LGBT Charges Are Rolling In, EEOC Commissioner Says

Chai Feldblum, a Commissioner of the U.S. Equal Employment Opportunity Commission, recently presented an update on the EEOC’s handling of charges alleging sexual orientation and gender identity discrimination....more

Sex Stereotyping, Sexual Orientation Discrimination, And Federal Law – Crazy-Mixed-Up Right Now

The Employment Non-Discrimination Act is dead again, so there isn’t a federal law prohibiting discrimination based on sexual orientation. Is there any federal law on same-sex harassment or discrimination? If so, what is it?...more

Obama’s LGBT Executive Order Raises More Questions Than It Answers

More than two years after expressly declining to do so, this past Monday, President Obama signed an Executive Order prohibiting federal contractors from discriminating against individuals on the basis of sexual orientation or...more

Obama Signs LGBT Discrimination, Affirmative Action Order

This morning President Obama signed an Executive Order amending the 1965 Executive Order 11246. President Obama’s EO prohibits discrimination and requires affirmative action by federal contractors based on sexual orientation...more

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