Tag: sexual orientation

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 […]

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. […]

Stakeholders get more time to comment on EEOC’s harassment guidance

Stakeholders now have until March 21 to comment on proposed antiharassment guidance from the Equal Employment Opportunity Commission (EEOC). The move is in line with the new administration’s overall approach of pausing Obama administration initiatives and taking time to evaluate them, said Jonathan Mook, a founding partner of DiMuro Ginsberg PC and an editor of […]

Sex stereotyping, same-sex harassment, and transgender issues in the workplace

by Amanda Shelby We typically think of sex discrimination and sexual harassment as involving two employees of the opposite sex, but that unlawful activity can occur between employees of the same sex, too. Although federal law doesn’t explicitly recognize gender identity or sexual orientation as protected characteristics, several states and cities have passed ordinances prohibiting […]

Houston fails to adopt HERO

by Jacob Monty Monty & Ramirez, LLP On November 3, Houston voters decided the fate of a controversial equal rights law by voting against the adoption of Proposition 1, the Houston Equal Rights Ordinance (HERO). The ordinance attempted to prohibit discrimination based on sexual orientation or gender identity in city employment, services, and contracts; public accommodations; and […]

Next phase of Houston’s equal rights law set

As of June 27, more employers will be covered by the Houston Equal Rights Ordinance (HERO). The ordinance adds to the protected classes covered under federal and state civil rights laws. HERO took effect on June 27, 2014, covering employers with 50 or more employees. On June 27, 2015, the law will cover employers with […]