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Polsinelli

Unanswered Questions in Light of Supreme Court’s Title VII Ruling

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In Bostock v. Clayton County, Georgia, the United States Supreme Court held that “an employer who fires an individual merely for being gay or transgender violates Title VII.”  With its decision, however, the Supreme Court...more

Spilman Thomas & Battle, PLLC

Supreme Court Will Render Landmark Decisions Regarding LGBTQ Protection Under Title VII

This fall, the U.S. Supreme Court heard three employment cases that collectively ask: Does Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination “because of…sex,” encompass discrimination based...more

Stokes Wagner

High Court to Consider Whether Title VII Covers LGBT Bias

Stokes Wagner on

This week, the U.S. Supreme Court will hear a trio of cases asking whether federal law protects gay and transgender workers from discrimination. Currently, Title VII of the Civil Rights Act of 1964 makes it illegal for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

SCOTUS Hears Arguments on Scope Discrimination Because of Sex Under Title VII

On October 8, 2019, the Supreme Court of the United States heard oral argument on one core question: does the prohibition on discrimination “because of...sex” in Title VII of the Civil Rights Act of 1964 include...more

Proskauer - Law and the Workplace

SCOTUS to Decide Whether Title VII Protects Sexual Orientation and Gender Identity

On April 22, 2019, the Supreme Court granted certiorari in three cases that raise the question of whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. In two of the cases,...more

Harris Beach PLLC

Supreme Court to Address Scope of Protections for LGBT Workers Under Title VII

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On April 22, 2019, the Supreme Court announced that it would take up three cases that address the scope of “sex discrimination” under Title VII. Supreme Court review seemed inevitable given the growing divide regarding how...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Hints Title VII Does Not Protect Sexual Orientation or Gender Identity

One of the most important developments in employment law over the past several years has been the expansion by some federal courts of Title VII’s sex discrimination prohibitions to encompass sexual orientation and gender...more

Jackson Walker

The Labor and Employment Horizon—2019

Jackson Walker on

If there has been one constant in employment law over the last generation, it is change. The forecast for 2019 is no different. In Congress, the Supreme Court, and the Texas Legislature, employers can expect developments that...more

Skadden, Arps, Slate, Meagher & Flom LLP

Federal Court Rulings Growing in Favor of LGBT+ Employees

As members of the lesbian, gay, bisexual and transgender community (LGBT+) are increasingly open at work about their identities, circuit courts are recognizing that Title VII of the Civil Rights Act protects them from...more

McAfee & Taft

SCOTUS declines to determine whether Title VII covers sexual orientation

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

Spilman Thomas & Battle, PLLC

Sexual Orientation Discrimination and Title VII - The Seventh Circuit Weighs In

In July 2015, the Equal Employment Opportunity Commission ("EEOC") published a guidance titled What You Should Know About EEOC and the Enforcement Protections for LGBT Workers, which took the position that employment...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

Foley & Lardner LLP

Discrimination Based on Sexual Orientation -- The Wave Grows

Foley & Lardner LLP on

Back in March we explored the question, “So – Are LGBTQ Rights Protected Under Federal Employment Law or Not?” In that article, which unpacked a recent federal court decision on LGBTQ workplace protections, we concluded that...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

Mintz - Employment Viewpoints

Seventh Circuit Rules Title VII Bars Sexual Orientation Discrimination, Creating Circuit Split and Setting Stage for Likely...

In a landmark en banc decision rejecting its earlier panel ruling, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that Title VII of the 1964 Civil Rights Act prohibits...more

Payne & Fears

The 7th Circuit's Landmark Anti-Gay Discrimination Ruling

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On April 4, 2017, an en banc decision in Hively v. Ivy Tech Community College, the Seventh Circuit became the first federal Court of Appeals to hold that Title VII of the Civil Rights Act of 1964 prohibits discrimination on...more

Zuckerman Spaeder LLP

Can Employers Discriminate Against Employees Based on Sexual Orientation? No, According to this Key Court

Zuckerman Spaeder LLP on

Federal law—specifically, Title VII of the Civil Rights Act of 1964—prohibits employers from discriminating against employees based on a number of protected characteristics, including sex, race, national origin, and religion....more

Womble Bond Dickinson

Federal Appeals Court Rules Sexual Orientation Is Protected Class

Womble Bond Dickinson on

In a significant decision that expands the rights of employees, the U.S. Court of Appeals for the Seventh Circuit ruled on April 4, 2017 that discrimination on the basis of sexual orientation is a form of sex discrimination...more

Proskauer - Law and the Workplace

Seventh Circuit Becomes First Federal Court of Appeals to Hold That Sexual Orientation Discrimination Is Prohibited Under Title...

In an 8-3 en banc decision in Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit has held that discrimination based on sexual orientation is a form of sex discrimination under Title VII. In so holding, the...more

Fisher Phillips

Landmark Appeals Court Ruling Extends Title VII Protections To LGBT Employees

Fisher Phillips on

Groundbreaking Decision Could Lead Other Federal Courts To Follow Suit - This week, the 7th Circuit Court of Appeals became the first federal court of appeals in the nation to rule that sexual orientation claims are...more

Holland & Knight LLP

Seventh Circuit Recognizes Sexual Orientation Discrimination Under Title VII

Holland & Knight LLP on

In a landmark decision issued on April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit held in Hively v. Ivy Tech Community College of Indiana, No. 15-1720 (en banc) that discrimination in employment based on one's...more

Nilan Johnson Lewis PA

Federal Circuit Rules Sexual Orientation Covered Under Title VII

In what could be labeled a landmark decision, a federal circuit court extended Price Waterhouse v. Hopkins to hold that, as a matter of law in every case, a claim of sexual orientation discrimination is a claim of sex...more

Fisher Phillips

Appeals Court Refuses To Extend Title VII Coverage To Sexual Orientation

Fisher Phillips on

On Friday, the 11th Circuit Court of Appeals declined to extend Title VII’s protections to sexual orientation discrimination, but reinforced that employees may allege sex discrimination claims when they face workplace...more

Seyfarth Shaw LLP

Texas District Court Enjoins Federal Gender Identity Protection Of Students

Seyfarth Shaw LLP on

Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for...more

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