Tag: gender identity

The Great Pronoun Debate and Its Practical Implications

As society and our collective consciousness have come to more fully understand and appreciate the varied gender identities of those around us, an ongoing debate has emerged regarding the use of pronouns. Advocates for gender rights have argued that the traditional binary he/she paradigm leaves many people out and forced others into a box they […]

LGBTQ

House Passes Equality Act: What Employers Need to Know

The Equality Act, which would prohibit discrimination based on sexual orientation and gender identity, passed the U.S. House of Representatives on February 25, but regardless of its chances of ever becoming law, employers are advised to review their policies and practices to guard against discrimination, attorneys who advise employers say.

Sex

What’s the Meaning of ‘Sex’? Supreme Court Will Finally Provide the Answer

The Employment Law Question of the Decade is: Does the prohibition against sex-based discrimination include discrimination based on gender identity and sexual orientation? After countless debates on the issue in courts throughout the land, the U.S. Supreme Court is finally primed to give its answer in three cases being argued this term.

Sexual Orientation

The Open Question of Discrimination Based on Sexual Orientation

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin. Throughout the country, courts have reached different conclusions about whether Title VII’s “on the basis of sex” language prohibits discrimination based on sexual orientation and gender identity.

Gender Identity Complexity: From the Olympics to the Workplace

Olympic runner Caster Semenya, a woman by her own identification, was born with a unique body. While outwardly female, her body produces an excess of testosterone compared with other women. Olympic authorities have at times attempted to regulate the amount of testosterone in people like Semenya, and the entire situation has raised real questions about […]

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 […]

Diversity

Employers look to ‘culture of inclusiveness’ in era of expanding LGBT rights

Inclusiveness, civility, respectful treatment: Those are all concepts getting a lot of attention as employers struggle to cope with what seems like an increasingly divisive culture often threatening to bleed over into the workplace.  A changing legal landscape also must be considered as employers strive for productive and nondiscriminatory working environments. For example, a landmark […]