News & Analysis as of

Sexual Orientation

New York City Expands Definitions Of ‘Sexual Orientation’ And ‘Gender’ In Human Rights Law

by Jackson Lewis P.C. on

A new law passed by the New York City Council amends and significantly broadens the definitions of “sexual orientation” and “gender” in the New York City Human Rights Law (NYCHRL). The new law will become effective on May 11,...more

NYC Updates “Sexual Orientation” And “Gender” Definitions Under Human Rights Law

by Fisher Phillips on

New York City employers will soon be required to expand existing protections against sexual orientation and gender discrimination due to an amendment to the definitions of these terms under the New York City Human Rights Law...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

Sexual Harassment Training Must Now Include Gender Identity, Gender Expression and Sexual Orientation

by Ervin Cohen & Jessup LLP on

In light of the substantial media attention given to sexual harassment issues in recent months, employers should anticipate new legislation on this topic. Senate Bill 396, however, was drafted before the increased focus on...more

II-25 – Top 10 New Year’s Resolutions for Employers in 2018

by Cozen O'Connor on

From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, this episode of Employment Law Now provides ten issues that employers should resolve to understand in the...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

Employment Law Commentary, December 2017 - The California Legislature and the Trump Administration: Different Directions

by Morrison & Foerster LLP on

It was another busy year in the California Legislature with regard to employment and labor issues. Of particular note for California employers are the new laws related to employee hiring practices with the prohibitions on...more

Supreme Court Refuses to Decide Whether Title VII Covers Sexual Orientation

by Poyner Spruill LLP on

On December 11, 2017, the United States Supreme Court denied a petition to review a lower court ruling that held Title VII of the Civil Rights Act of 1964 (Title VII) does not provide protection against harassment or...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

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

New California Labor and Employment Laws for 2018

by Holland & Knight LLP on

• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. • Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health 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

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

10 Things For Which This Employment Lawyer Is Thankful In 2017

What are you grateful for this year? Here is my list.- 1. The actual end of the Obama Administration's overtime and "Fair Pay and Safe Workplaces" rules. I was thankful last year that these two rules were on their last...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

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

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

Episode 25: EEOC Commissioner Chai Feldblum Part II: Other Emerging EEOC Trends + Takeaways

by Akerman LLP on

Matt Steinberg welcomes EEOC Commissioner Chai Feldblum for the second half of their wide-ranging conversation where Matt and Commissioner Feldblum discuss federal protection of employment-related LGBT rights, how the DOJ’s...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

Businesses Urge U.S. Supreme Court to Decide Whether Title VII Covers Sexual Orientation

by Poyner Spruill LLP on

On October 10, 2017, 76 companies filed a brief with the United States Supreme Court urging it to review Evans v. Georgia Regional Hospital. The companies include Citrix Systems, Inc., RBC Capital Markets, Microsoft, Morgan...more

Sexual Harassment Training and Posting Requirements Expanded

by Payne & Fears on

The California Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment in the workplace. Under current law, employers with 50 or more employees must provide at least two hours of prescribed training and...more

How to Comply With California’s New Requirement to Provide Anti-Harassment Training on Gender Identity, Gender Expression, and...

On October 15, 2017, Governor Brown signed Senate Bill 396, a new law that requires employers in California with 50 or more employees to provide training on policies that prohibit harassment based on gender identity, gender...more

U.S. Department of Justice Rescinds Policy Protecting Transgender Employees

by Franczek Radelet P.C. on

On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant...more

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