Tag: sexual orientation

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.

LGBTQ

Biden’s Executive Order Combats Discrimination Against LGBTQ+ Community

Within hours of his inauguration on January 20, 2021, President Joe Biden signed an Executive Order (EO) on “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” The order establishes the new administration’s policy prohibiting discrimination based on gender identity and sexual orientation and directs federal agencies to take affirmative steps […]

LGBT

Supreme Court Rules Title VII Grants LGBTQ Protection for All

On June 15, the U.S. Supreme Court delivered its landmark decision in Bostock v. Clayton County, Georgia, and established LGBTQ rights in the workplace as a matter of federal law. The Court squarely held Title VII of the Civil Rights Act of 1964 includes a prohibition on sexual orientation and gender identity discrimination in employment.

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.

Facebook Post Lands HR Manager in Hot Water

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 […]

EEOC

Tennessee Federal Court Finds Title VII Doesn’t Prohibit Sexual Orientation Discrimination

As we’ve discussed in previous articles, federal courts across the country are struggling with whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on someone’s sexual orientation. An East Tennessee federal district court recently concluded that it doesn’t. In the case before the court, a woman claimed she was fired […]

Sexual Orientation

Is Sexual Orientation Protected by Federal Law?

The U.S. 1st Circuit Court of Appeals—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—recently upheld a six-figure jury award for a firefighter’s “sex-plus” discrimination claim, ruling that federal antidiscrimination law extends protections to gay and lesbian workers in cases where they claim discrimination based on both their gender and sexual orientation.

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. […]