News & Analysis as of

LGBTQ

Even If Sexual Orientation And Gender Identity Are Not Covered By Title VII -- Very Much an Open Question -- LGBTQ Employees May...

by Foley & Lardner LLP on

Some pretty horrifying facts about workplace conduct at the Providence, R.I., Fire Department involving co-workers: calling a female lieutenant firefighter “bitch” “c—t,” “lesbian lover,” and “lesbo”; telling her, “I don’t...more

New HHS Division to Focus on Health Care Workers' Religious or Moral Objections to Providing Certain Care

by FordHarrison on

The U.S. Department of Health and Human Services (HHS) has announced the formation of the Conscience and Religious Freedom Division of the HHS Office for Civil Rights (OCR). The new division will review complaints from...more

Employee Rights at Forefront of CA’s New Labor Laws

by Best Best & Krieger LLP on

California lawmakers passed a swell of legislation last year aimed at extending the rights of all employees, regardless of gender identification, salary history, criminal past and more. Originally published on...more

Four Employment Law Issues to Watch in 2018

by Zuckerman Spaeder LLP on

1. Does Title VII Protect Against Discrimination Based on Gender Identification or Sexual Orientation? The Supreme Court has not yet resolved whether Title VII of the Civil Rights Act—which forbids discrimination in...more

Key Take-A-Ways From Our 2017 Employment Law Seminars

Haynsworth Sinkler Boyd recently hosted our annual Employment Law Seminars across South Carolina. These complimentary seminars educated Human Resource professionals on recent employment law updates and changes....more

4 Key Trends In Workplace Class Action Litigation For 2017: #3 Governmental Enforcement Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Despite the major ideological shift that occurred within American politics in 2017, government-initiated litigation continued to flourish if not increase even after with the election of the pro-business...more

A New Governor Takes Office: What NJ Employers Can Expect

by Ballard Spahr LLP on

Governor Phil Murphy—officially in office just two days—has already begun to implement many of the "progressive" policy changes he promised on the campaign trail and transform New Jersey into the "California of the East."...more

Dr. King’s Message Rings True Today In The Context Of The LGBTQIA Community

Martin Luther King, Jr. wrote from a jail cell in Birmingham in 1963, "[t]here are two types of laws: there are just laws and there are unjust laws....How does one determine when a law is just or unjust?...Any law that...more

Are you compliant? A new year brings new laws impacting California employers

by Dentons on

In 2017, the California Legislature and Governor Jerry Brown were busy passing new laws that will impact employers across California this year. Although some took effect in 2017, most of the new laws impacting California...more

University Learns a New Lesson: Transgender Discrimination Landmark Verdict in Oklahoma

In a landmark case, an eight-person jury (six women and two men) awarded a transgender professor, Rachel Tudor, more than $1.1 million in her claim that her former employer discriminated against her on the basis of her sex....more

Labor & Employment E-Note - December 2017

by Burr & Forman on

In the past eight plus years, the National Labor Relations Board (the “NLRB” or the “Board”) with a Democratic majority under former President Barack Obama (the “Obama Board”) has issued labor friendly decisions that have had...more

“M,” “F,” Or “X”? Nonbinary Gender Designations In The Workplace

by Fisher Phillips on

You are probably familiar with the concept of transgender status and, even if you haven’t already addressed such a situation at your workplace, you probably have a rough idea of how you would handle a situation involving an...more

SCOTUS Declines to Hear Sexual Orientation Discrimination Case

The United States Supreme Court has denied certiorari in the case of Evans v. Georgia Regional Hospital, in effect leaving in place an Eleventh Circuit ruling that Title VII of the Civil Rights Act of 1964 does not cover...more

Breakfast Briefing: Year In Review and Crystal Ball Predictions for 2018

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Last week, members of the Chicago L&E Team hosted the Fourth Quarter Breakfast Briefing to a packed room. This Briefing looked at four key governmental agencies/trends (OSHA, OFCCP and equal pay, EEOC, and...more

Supreme Court Avoids Sex Orientation Case

by Sherman & Howard L.L.C. on

In an move that surprised many Supreme Court watchers, the Court declined to hear the case of Evans v. Regional Hospital et al. The case raised the issue of whether the prohibition in Title VII against employment...more

Supreme Court Refuses to Hear Sexual Orientation Discrimination Case

In a ruling today, the Supreme Court refused to hear a case challenging whether Title VII protects employees from sexual orientation discrimination. The case involved a woman from Georgia who alleged that she was harassed and...more

SCOTUS declines to determine whether Title VII covers sexual orientation

by McAfee & Taft on

In a bit of a surprise move, the U.S. Supreme Court today passed on an opportunity to provide some long-awaited clarity on the interplay between sexual orientation and Title VII of the Civil Rights Act of 1964. In Evans v....more

California's New Anti-Harassment Training Requirement (SB 396). Are You Ready?

On October 15, 2017, California passed Senate Bill (SB) 396, a new law that requires employers to train supervisors on how to identify and prevent harassment based on gender identity, gender expression and sexual orientation....more

U.S. Supreme Court Hears Oral Argument In Key Case On LGBT Rights And Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Oral argument suggests the Supreme Court is narrowly divided on how to reconcile non-discrimination protections for LGBT individuals with claims for religious liberty, with Justice Kennedy appearing likely...more

November 2017: The Top 14 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more

New Mandatory Transgender Rights Poster Available

by Fisher Phillips on

Under legislation recently signed by Governor Jerry Brown, beginning January 1, 2018, all California employers are required to display a workplace poster related to transgender rights. The legislation, Senate Bill 396,...more

Short-Term Disability Denial for Gender Reassignment

by Bowditch & Dewey on

In Baker v. Aetna, (U.S. Northern District Court of Texas, 2017), Charlize Marie Baker filed claims against her employer and Aetna after having been denied benefits under the health plan and the short-term disability plan for...more

A Nationwide Standstill: Extending the Definition of Sex Discrimination to Include Gender Identity

by Bowditch & Dewey on

On December 31, 2016, the Federal District Court for the Northern District of Texas issued a nationwide injunction blocking the implementation or enforcement of Section 1557’s provision extending the definition of sex...more

D.C. District Court Issues Injunction Against Transgender Military Ban

by FordHarrison on

As previously reported by these authors, on July 26, 2017, President Trump announced via Twitter that transgender individuals will no longer be permitted to serve in the military. President Trump issued an official memorandum...more

California: The Transgender Work Opportunity Act

by Stinson Leonard Street on

On October 15, 2017, California Governor Jerry Brown signed SB 396, the Transgender Work Opportunity Act. Under the Transgender Work Opportunity Act, starting on January 1, 2018, all California employers with 50 or more...more

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