News & Analysis as of

Sexual Orientation Discrimination

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

2018 Legislative Update for California Employers

by Conn Maciel Carey LLP on

California has had yet another banner year closing the 2017 legislative session with a spate of new employment laws imposing additional compliance obligations on employers. Bucking the anti-regulatory tide in Washington, DC,...more

Employers, Take Notice: New Employment Laws May Affect Your Business

by Buchalter on

Year after year, the California Legislature and the Governor implement new employment laws that place additional requirements on employers throughout the state. The employment laws that become effective on January 1, 2018...more

CAS Legal Mailbag Question of the Week – December, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As the principal of a middle school, life is always interesting and I have learned a lot. However, last week something came up that I have heard about but never had to address. Originally published...more

Missouri Court Tackles Sex Stereotyping, Highlights Sexual Orientation and Gender Identity Issues

While nearly half of all states expressly prohibit discrimination based on sexual orientation and/or gender identity, Missouri is not one of those states. However, the Missouri Court of Appeals recently issued a decision in...more

The 12 days of California Labor & Employment Series – Day 3 “Transgender Work Opportunity Act”

by Hinshaw & Culbertson LLP on

It’s the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next “12 days of...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

Louisiana Governor Appeals LGBT Executive Order Ruling to State Supreme Court

On December 1, 2017, Louisiana Governor John Bel Edwards (D) appealed a state appellate court decision holding that Executive Order JBE 2016 – 11, which seeks to protect the rights of lesbian, bisexual, gay, transgender...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

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 Earns First-Ever Title VII Court Win In LGBT Discrimination Case - 3 Things Employers Need To Know About Landmark LGBT Ruling

by Fisher Phillips on

The federal watchdog agency that oversees federal antidiscrimination law just scored a milestone victory when a judge awarded $55,500 to a telemarketer who alleged to have been forced off the job because of sexual orientation...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

Oklahoma jury awards transgender employee $1.165 million

by McAfee & Taft on

The courts, the Department of Justice, and the Equal Employment Opportunity Commission hold differing views on whether Title VII prohibits employment discrimination on the basis of sexual orientation or sexual identity....more

Ready or Not, Here It Comes! 2018 Brings New Labor & Employment Laws, Primarily at the State Level

by Littler on

As we prepare to turn the calendar to 2018, employers look ahead to the next wave of labor and employment regulations. On January 1, 2018, and throughout the coming year, employers across the nation will confront a host of...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

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

Louisiana Court Finds Executive Order Extending Protections to LGBT Employees of State Contractors Unconstitutional

In April of 2016, Louisiana Governor John Bel Edwards signed Executive Order JBE 2016 – 11, which sought to protect lesbian, bisexual, gay, and transgender individuals, among other protected classes, from discrimination...more

TITLE VII: Court Breaks from Department of Justice on Transgender Rights

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western...more

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