Tag: Sexual Orientation Discrimination

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 […]

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 […]

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 […]

When worlds collide: religious freedom laws and LGBT protections

by Brent E. Siler When the U.S. Supreme Court ruled that the U.S. Constitution prohibits states from banning gay marriage last year, many people who oppose same-sex marriage for religious reasons began worrying that the newly recognized constitutional right to gay marriage would conflict with their right to religious freedom. As a result, several state […]

EEOC says sexual orientation is protected under Title VII

by Courtney Bru The last few years have seen a dramatic expansion of rights on the basis of sexual orientation and gender identity. In 2013, the U.S. Supreme Court found unconstitutional the heterosexual definitions of “marriage” and “spouse” in the federal Defense of Marriage Act (DOMA). And earlier this year, the Court found same-sex marriage […]

Houston Equal Rights Ordinance going on November ballot

Voters in Houston will decide the fate of the controversial Houston Equal Rights Ordinance (HERO) when they go to the polls in November. On August 5, the Houston City Council decided to put the measure on the ballot after the Texas Supreme Court ruled on July 24 that the council had to either repeal the […]

EEOC Ruling on Sexual Orientation Discrimination

With the recent U.S. Supreme Court decision making same-sex marriage bans illegal across the country, many people have raised the question of discrimination. It may be legal for same-sex couples to marry, but it’s still also seemingly legal in many areas for businesses to discriminate based on sexual orientation. These two issues are fundamentally incompatible.

Indiana employers need to be ready for religious freedom law

by Angela Johnson and Martha Lemert The new Indiana Religious Freedom Restoration Act (IRFRA) is set to take effect July 1 after being signed into law in March and then amended in April because of objections that the statute would be used to discriminate, particularly on the basis of sexual orientation. In its amended form, […]