Tag: Title VII

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.

Even Among Friends, Office Affair Is OK … Until It Isn’t

This September will mark the 25th anniversary of the premier of Friends. It is hard to believe that it has been 25 years since we all pulled up a couch to relax at Central Perk and watch Monica, Rachel, Phoebe, Ross, Chandler, and Joey navigate their 20s in New York City. For this “episode” of […]

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 […]

New guidance shifts federal policy on religious liberty in employment

New guidance from Attorney General Jeff Sessions on religious liberty in employment “signals a shift in federal employment law and policy,” according to an attorney who focuses on employment law. Sessions issued the new guidance to all administrative agencies and executive departments on October 6. It identifies 20 principles that administrative agencies and executive departments […]

Sessions memo changes DOJ position on transgender discrimination

by Tammy Binford U.S. Attorney General Jeff Sessions’ announcement changing his department’s position on transgender employment discrimination marks a change in the legal landscape, but it doesn’t alter employer obligations under various state and local laws or the position taken by other federal agencies. In an October 4 memo to U.S. attorneys titled “Revised Treatment […]

New media rating seeks to bring common sense to gender stereotyping

When my son was five and constantly arguing and negotiating for extra dessert or whatever it was that he wanted at any given time, people would often say, “You should be a lawyer!” His response was always: “I don’t want to be a lawyer because that’s a girl’s job.” While slightly humorous because lawyers are […]

10-step plan for fair and balanced approach to preventing workplace harassment

In less than a year, Fox News has lost its founder and one of its most well-known anchors due to widespread sexual harassment allegations. Fox News recently reported that 20th Century Fox paid $10 million in sexual harassment settlements in the first quarter of 2017 alone. How can Fox News be proactive in avoiding harassment […]

Handling harassment: What constitutes a hostile work environment?

by Joanna Vilos Employees sometimes complain about undesired or harassing conduct that does not rise to the level of a hostile work environment under Title VII of the Civil Rights Act of 1964. A decision from a Wyoming federal court reveals which steps employers can take to avoid liability and how employers can defend themselves […]

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 […]