Articles Posted in Sexual Orientation

HobbyLobbyStowOhio.JPGI teased it in Friday’s post.

Last week, a Michigan federal court held (here) that a workplace dress code that requires one gender to conform to a sex stereotype (e.g., men must wear suits, and women must wear dresses) is “direct evidence” of sex discrimination. But, the employer in the Michigan case refused to waver from the letter of the dress code, and avoided a sex discrimination claim under Title VII.

Why? Because Hobby Lobby.

Continue reading

Grand Palace dress code

Just for today, head on over to LinkedIn, and check out my post about how strict application of your dress code could result in a nasty sex discrimination claim.

(And a little teaser for Monday — I’ll explain why the Supreme Court’s Hobby Lobby decision may trump Title VII and allow some employers to discriminate).


The lede comes directly from last Thursday’s much anticipated decision, in which the Seventh Circuit concluded in Hively v. Ivy Tech Community College (opinion here) that Title VII of the Civil Rights Act of 1964, the federal workplace anti-discrimination statute, does not protect workers from discrimination based on LGBT status.

Continue reading

Skyline of Times Square

According to Chris Geidner at (here), 128 members of Congress filed a brief in Christiansen v. Omnicom Group, Inc., urging the Second Circuit Court of Appeals to conclude the discrimination based on sexual orientation is sex discrimination and, therefore, violates Title VII.

So, yes, you should pay attention.

Continue reading


Around this time last year, I blogged here about Guide to Restroom Access for Transgender Workers. According to OSHA, “all employees should be permitted to use the facilities that correspond to their gender identity.” And, it’s up to the employee to determine for him- or herself “the most appropriate and safest option.”

It should come as no shock that the federal administrative agency tasked with enforcing anti-discrimination law has released a fact sheet, which reaches the same conclusions.

Continue reading

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


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