Articles Posted in Sexual Orientation

Skyline of Times Square

Last week, the United States Equal Employment Opportunity Commission made headlines by filing its first lawsuits against private-sector businesses challenging sexual orientation discrimination as sex discrimination.

Meanwhile, yesterday, another federal court in Christiansen v. Omnicom Group, Inc. (opinion here) concluded just the opposite: sexual orientation discrimination is “reprehensible,” but does not violate Title VII of the Civil Rights Act of 1964.

Continue reading

KFC in SM Aura, BGC.jpg
Yesterday, I blogged here about the U.S. Equal Employment Opportunity Commission‘s first lawsuits challenging sexual-orientation discrimination as sex discrimination. While part of the EEOC’s Strategic Enforcement Plan to address emerging and developing issues, getting federal courts to agree that sexual-orientation discrimination is unlawful under Title VII is an uphill battle.

But, that doesn’t stop American businesses from creating and enforcing their own rules in the workplace against LGBT discrimination.

Continue reading

US-EEOC-Seal

The U.S. Equal Employment Opportunity Commission is officially stepping into the ring and taking the fight to private-sector employers whom the EEOC believes has discriminated against workers on the basis of sexual orientation. Yesterday, the EEOC announced (here) that it had filed two complaints in federal court against employers whom it alleges engaged in anti-gay bias.

Oh, it’s on now!

Continue reading

Dropbox Logo 02

You know, being a client of the Blogger King has its perks. (That’s me. I’m the Blogger King). When I’m not litigating and counseling on employment-related issues, I’m taking blog post requests and emailing weekly updates of HR goodies that don’t make it onto the blog.

But, with my DropBox and Pocket chock full of recent cases, I’ll summarize the recent biggies.

Continue reading

Headshift business card discussion

On Tuesday, voters in Houston, TX took to the polls and said no to Prop 1. That’s a ballot measure that would have outlawed discrimination at work against lesbian, gay, bisexual and transgender employees and job applicants. Amanda Terkel at The Huffington Post reports here that, despite having widespread support from local and national politicians and businesses, the measure failed, in large part, because of the “bathroom” issue. That is, many voters did not want transgender women using the women’s restroom (and vice-versa).

Meanwhile, on Tuesday in our Nation’s Capital, the District of Columbia Office of Human Rights issued a “groundbreaking report” revealing a high rate of discrimination against transgender job applicants.

Continue reading

rainbowflag

Back in April, the EEOC concluded that transgender discrimination is discrimination based on sex and, therefore, violates Title VII. That same month, a federal court denied another employer’s motion to dismiss the sex discrimination claims of a transgender employee. However, in denying the motion to dismiss, the court did not conclude that transgender discrimination is sex discrimination. Rather, it reaffirmed that Title VII prohibits sex stereotyping; i.e., when an employer takes action because an employee does not conform to the employer’s sex- or gender-based preferences, expectations, or stereotypes.

Continue reading

Nuvola LGBT flag borderless
On Monday, I got into last week’s EEOC ruling that sexual-orientation discrimination is sex discrimination and, therefore, violates Title VII. Yesterday, I took up the First Amendment Defense Act, which has been described by the ACLU as “Indiana on Steroids.”

On Thursday, make way for the Equality Act, according to Chris Johnson at the Washington Blade (here). Continue reading