Tag: Sexual Orientation Discrimination

Oklahoma jury awards transgender worker $1.165 million in bias suit

by Charlie Plumb The courts, the U.S. Department of Justice (DOJ), and the Equal Employment Opportunity Commission (EEOC) hold differing views on whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation or sexual identity. Nevertheless, on November 20, an Oklahoma City federal court jury awarded a transgender […]

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Employers in limbo as government entities differ on meaning of laws

by Burton J. Fishman When the U.S. Supreme Court opened its new term on October 2, 2017, the legal world was knocked off its axis. In a rarely seen occurrence, the solicitor general, speaking on behalf of the United States, and the General Counsel of the National Labor Relations Board (NLRB) took opposing positions on […]

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Stage is set for SCOTUS to rule on Title VII and sexual orientation

by Ryan B. Frazier Since the civil rights movement of the 1960s, state and federal laws have been enacted to prohibit employment discrimination against individuals on the basis of their race, ethnicity, age, disability, religion, and gender. Until recently, virtually none of those antidiscrimination laws covered employment discrimination based on sexual orientation or gender identity. […]

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Diversity and inclusion director gets a little inclusion

by Michelle Lee Flores The California Court of Appeal threw a solitary bone to Toyota’s director of diversity and inclusion when it reversed a trial court’s dismissal of his sexual orientation discrimination claim. The court of appeal held that the former employee had provided sufficient evidence that a senior manager’s perception that he was “too […]

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Sexual Orientation

DOJ Says Title VII Doesn’t Apply to Sexual Orientation Discrimination

The Department of Justice (DOJ) has filed an amicus brief in the case of an employee who claimed his employer violated Title VII of the Civil Rights Act when it discriminated against him on the basis of his sexual orientation.  The DOJ’s brief asserts that Title VII’s prohibition of sex discrimination does not extend to […]

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DOJ says Title VII doesn’t apply to sexual orientation discrimination

The U.S. Department of Justice (DOJ) has filed an amicus (friend-of-the-court) brief in a case in which an employee claims his employer violated Title VII of the Civil Rights Act of 1964 by discriminating against him based on his sexual orientation. The DOJ’s brief asserts that Title VII’s prohibition of sex discrimination does not extend […]

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VA student’s transgender bathroom case will not pass ‘Go’ . . . yet

by Rachael L. Loughlin Transgender issues continue to be one of the hottest areas of the law today. Recent actions by the Trump administration backing away from the Obama administration’s forceful advocacy of transgender rights may have come as no surprise. Nonetheless, they certainly didn’t help clarify the law. In fact, if anything, the Trump […]

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Senate confirms ‘proemployer’ Gorsuch to Supreme Court

The Senate has confirmed President Donald Trump’s nominee to the U.S. Supreme Court, Neil Gorsuch. Because Gorsuch is known for adhering to the letter of the law, his confirmation likely is good news for employers, experts say. Democrats initially filibustered Gorsuch’s confirmation, but Republicans invoked the “nuclear option” and changed the Senate rules to allow […]

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In ‘landmark’ ruling, appeals court says sexual orientation discrimination is illegal

Federal law prohibits employers from discriminating against employees on the basis of their sexual orientation, a federal appeals court ruled for the first time on April 4. With its “landmark” ruling, the U.S. 7th Circuit Court of Appeals upended three decades of precedent and set up the issue for review by the U.S. Supreme Court, […]

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EEOC’s Position on Sexual Orientation Discrimination

Yesterday we looked at how the 7th U.S. Circuit Court begrudgingly decided that banning sexual orientation discrimination isn’t guaranteed by law. Today we’ll take a look at how the EEOC looks at the same issue. EEOC’s Position The Hively court also said it was noteworthy that the U.S. Equal Employment Opportunity Commission (EEOC), which enforces […]

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