News & Analysis as of

Sexual Orientation Discrimination Employer Liability Issues

New Transgender Rights Requirements for California Employers

by Hogan Lovells on

Transgender and gender non-conforming employees now have added protections in California workplaces. On October 15, 2017, Governor Jerry Brown of California signed an amendment to California’s Fair Employment and Housing Act...more

Pennsylvania Federal Court Awards Damages in Sexual Orientation Harassment Case

In a first-of-its-kind decision in Pennsylvania, a federal district court awarded damages in a Title VII sexual harassment case based upon sexual orientation. In EEOC v. Scott Medical Health Center, the United States District...more

EEOC Triumphs in Sexual Orientation Suit in Pennsylvania Federal Court

On November 16, 2017, Judge Cathy Bissoon in the Western District of Pennsylvania awarded $55,000 in damages to a gay employee who experienced discrimination and harassment based on his sexual orientation. See EEOC v. Scott...more

EEOC Scores Victory in Sexual Orientation Discrimination Lawsuit

by Foley & Lardner LLP on

In recent years, the Equal Employment Opportunity Commission (EEOC) has increasingly focused its enforcement initiatives on prohibiting sexual orientation discrimination in the workplace. Now, the agency has a concrete...more

UPDATE: Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

by McNees Wallace & Nurick LLC on

Last November, we explained the decision in the case of U.S. Equal Employment Opportunity Commission v. Scott Medical Health Center, P.C., from the U.S. District Court for the Western District of Pennsylvania. There, the...more

District Court Awards Punitive Damages In Sex-Based Harassment EEOC Suit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In E.E.O.C. v. Scott Medical Health Center, P.C. No. CV 16-225, 2017 WL 5493975, at *2 (W.D. Pa. Nov. 16, 2017), a default judgement of liability was entered against the defendant company for sex-based...more

California Governor Signs SB 396 Requiring Training on Gender Identity Harassment

by Conn Maciel Carey LLP on

Only a few months after the California Department of Fair Employment and Housing amendments to the FEHA regulations went into effect on July 1, 2017, which centralize, clarify, and expand protections for transgender...more

Proposed PHRC Guidance Would Protect LGBTQ Employees In Pennsylvania

by Fox Rothschild LLP on

The Pennsylvania Human Relations Commission (“PHRC”), which enforces Pennsylvania’s state law prohibiting discrimination, has made a bit of splash in 2017. How, you ask? Well – that requires a bit of explanation. One of...more

WPI State of the States: Lawmakers Keep Their Focus on Equal Pay Measures

by Littler on

As the holiday season approaches, legislative activity at the state level is starting to slow down. The California General Assembly closed out its term, for example, giving employers a breather until January. Illinois’...more

No Tricks, We Treat You to Five Developments in the Intersection of Health Care and Employment Law

by Epstein Becker & Green on

Almost ten months into the Trump Administration, the executive and legislative branches have been preoccupied with attempting to repeal and replace the Affordable Care Act (“ACA”) – but each attempt has thus far proved...more

Court Affirms that Missouri Human Rights Act Prohibits Sex Stereotypes in the Workplace

by Stinson Leonard Street on

On October 24, 2017, the Court of Appeals for the Western District of Missouri issued an opinion affirming that sex stereotyping is a form of gender discrimination that is actionable under the Missouri Human Rights Act...more

Missouri Appellate Court’s Holding That Sex Discrimination May Be Based on Sex Stereotyping Offers Some Protections for LGBT...

by Littler on

In Lampley, et al. v. Missouri Commission on Human Rights, the Missouri Court of Appeals held that sex stereotyping can form the basis of a sex discrimination claim when the complaining party is gay, but should not be...more

DOJ Reverses Course—Title VII Does Not Cover Gender Identity

by Blank Rome LLP on

On October 5, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s (“DOJ”) stance that gender identity is protected as part of the prohibition against “sex” discrimination in Title VII of the Civil Rights...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

Department Of Justice Releases Memorandum Restricting Transgender Worker Protection Under Title VII

by Jackson Lewis P.C. on

On October 4, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s position that gender identity is protected as part of Title VII of the Civil Rights Act’s prohibition against sex discrimination — taking...more

Heads You Win, Tails You Lose: Government on Both Sides of the LGBT Protections Debate

Recently, much has been made about the government’s conflicting positions regarding whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964. The EEOC (“Equal Employment Opportunity Commission”)...more

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

by Franczek Radelet P.C. on

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

Arizona Employers Need to Update Employee Handbooks

by Jaburg Wilk on

Employment law changes and evolves. Best practice for employers is to have an experienced employment attorney review and update their employee handbook to be in compliance with labor laws. At a minimum, the following areas...more

EEOC Determination: Denial of Transition-Related Health Care Benefits Violates Title VII Rights of Transgender Employees

by Reed Smith on

In a recent Letter of Determination, the U.S. Equal Employment Opportunity Commission (“EEOC”) found probable cause to believe an employer violated the Title VII rights of a transgender employee when it excluded coverage for...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

Four hot mid-year topics in California employment law

by Thompson Coburn LLP on

As California sizzles under scorching temperatures, state and local governments have turned up the heat on employers. Employers should be aware of and make sure they are in compliance with important legislative changes...more

Client Alert: Eleventh Circuit Declines to Reconsider Sexual Orientation Discrimination Decision; Plaintiff Will Appeal to U.S....

In April, we reported that a three-judge panel of the Eleventh Circuit held that sexual orientation discrimination is not prohibited under Title VII of the Civil Rights Act of 1964 in Evans v. Georgia Regional Hospital, et....more

Eleventh Circuit Sets the Stage for U.S. Supreme Court Certification on Whether Sexual Orientation is Protected by Title VII

by FordHarrison on

On March 10, 2017, in Evans v. Georgia Regional Hospital, a split panel of the U.S. Court of Appeals for the Eleventh Circuit held that it was bound by prior precedent that Title VII of the Civil Rights Act of 1964 does not...more

Philadelphia Empowers Agency to Shut Down Discriminating Businesses

by Morgan Lewis on

Businesses in the “City of Brotherly Love and Sisterly Affection” must now take this slogan seriously, ensuring no discrimination against patrons, or risk being shut down....more

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