Building on its reassertion that Title VII doesn’t cover sexual orientation, the federal appeals court in New Orleans recently ruled there is no protection for employees who complain about perceived sexual orientation bias either. An HR manager who posted her opinions on Facebook about a man trying on a dress—and was subsequently fired for unsatisfactory […]
Tag: Sexual Orientation Discrimination
A new California law taking effect on January 1, 2019, requires police officers to undergo training on sexual orientation and gender identity.
Momentous decisions regarding workplace investigations and protections for LGBT employees are likely coming from different departments and agencies of the federal government. Currently, the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC) have opposing views on whether workplace investigations into sexual harassment can be confidential. And the U.S. Department of Justice […]
A Kentucky federal court recently allowed a former employee’s claim of harassment based on his atheism to proceed but rejected his claim of harassment based on his coworkers’ beliefs about his sexual orientation.
The confirmation hearings for Brett Kavanaugh have finished (pending new hearings surrounding sexual misconduct allegations), and they have been filled with political strife already. I recently sat down with Mark Phillis, an attorney at Littler Mendelson, to discuss some of the fears that the LGBTQ community has about the future of workplace discrimination laws.
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 […]
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 […]
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. […]
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 […]
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 […]