News & Analysis as of

Sexual Orientation Discrimination LGBTQ En Banc Review

TNG Consulting

11th Circuit Breaks with Other Appeals Courts, Upholds K-12 Sex-Based Bathroom Policy

TNG Consulting on

Adams v. School Board of St. John’s County, 3:17-cv-00739, 2022 WL 18003879 (11th Cir. 2022) Adams, a transgender boy, sued the board of his Florida school district (“the School Board”) after his high school prohibited...more

Harris Beach PLLC

Court Rules on Sexual Orientation Discrimination

Harris Beach PLLC on

On February 26, 2018, the Federal appellate court covering New York State ruled that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation. The case is Zarda v....more

Fisher Phillips

Title VII Evolution Continues: Another Appeals Court Finds Sexual Orientation Discrimination Actionable

Fisher Phillips on

Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent...more

Mintz - Employment Viewpoints

Second Circuit Denies Latest Request for En Banc Review in Title VII Sexual Orientation Discrimination Case

The Second Circuit has denied a plaintiff’s request to rehear argument en banc (that is, before all of the court’s judges) in a case alleging that Title VII of the 1964 Civil Rights Act prohibits discrimination based on...more

Bowditch & Dewey

Seventh Circuit’s En Banc Decision in Hively Opens Door For Transgender Protection Under Title VII

Bowditch & Dewey on

As we reported a few months ago in a previous article, “7th Circuit Rehears Hively Case”, the Seventh Circuit Court of Appeals agreed to rehear the case of Hively v. Ivy Tech Community College, on the issue of whether Title...more

Mintz - Employment Viewpoints

Second Circuit Orders En Banc Review of Panel Holding that Title VII Does Not Prohibit Sexual Orientation Discrimination

We previously discussed the conflict between a Second Circuit panel’s holding in April that Title VII of the 1964 Civil Rights Act did not prohibit discrimination on the basis of sexual orientation and the Seventh Circuit’s...more

Mintz - Employment Viewpoints

Second Circuit Panel: No, We Still Can’t Overturn Precedent on Sexual Orientation Discrimination

As we observed in a recent post on the Seventh Circuit’s decision in Hively v. Ivy Tech Community College extending Title VII to sexual orientation claims, the Supreme Court will probably have to resolve the disagreement...more

Poyner Spruill LLP

Sexual Orientation Moves One Step Closer to Being a Protected Characteristic

Poyner Spruill LLP on

Federal law protects applicants and employees from negative treatment in connection with their employment, where that negative treatment is based on a protected characteristic. Traditionally, courts have interpreted the...more

Hinshaw & Culbertson LLP

Historic Seventh Circuit Decision Gives LGBTQ Employees More Protections

In a landmark opinion issued Tuesday, the Seventh Circuit became the first federal appellate court in the country to extend the protections afforded by Title VII of the Civil Rights Act of 1964 to sexual orientation...more

FordHarrison

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

FordHarrison on

As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more

Seyfarth Shaw LLP

Seventh Circuit to Re-Hear Case Determining Whether Sexual Orientation Discrimination is Covered By Title VII

Seyfarth Shaw LLP on

Seyfarth Synopsis: A Seventh Circuit panel’s ruling that Title VII does not cover claims of sexual orientation discrimination will be heard en banc by the Circuit. Whether an en banc ruling affirms or reverses the panel’s...more

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