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In most federal courts in this country, a plaintiff arguing a Title VII violation because he or she was discriminated against based on his/her LGBT status will lose.

That’s a fact.

That’s because Title VII prohibits discrimination based on one’s “sex.” And, most courts don’t construe “sex” to include “sexual orientation” or “gender identity.” But that’s not to say that LGBT discrimination cases generally lack merit. Continue reading


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If you’re a federal contractor, have you picked up your jaw since yesterday’s post?

I’ll admit it. I was also surprised that a federal court would conclude that a Connecticut federal contractor could not fire an employee for using medical marijuana. What, with that Drug-Free Workplace Act of 1988 and all.

Fortunately, as I noted yesterday, your mileage could vary outside of CT. And, I suspect that the employer may appeal the decision to the Second Circuit.

In the meantime, let’s laugh out loud, shall we? Continue reading


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The Americans with Disabilities Act prohibits an employer from discriminating against a qualified individual with a disability. What is a “qualified individual”? It’s someone who can perform the essential functions of the job with or without a reasonable accommodation? Ok, what’s an “essential job function”?

Or better yet, can nonessential functions of a particular job later become essential ones?

That’s what we’re going to explore today. Continue reading

“Doing What’s Right – Not Just What’s Legal”
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