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Articles Posted in Gender Identity

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16 states have asked the Supreme Court to limit LGBT rights at work. Which 16, you ask?

By Nederlands Instituut voor de Classificatie voor Audiovisueel Materiaal (NICAM) (http://www.kijkwijzer.nl/upload/download_pc/7.pdf) [Public domain], via Wikimedia CommonsBy the time you read this, I should be blissfully cruising in the Atlantic outside the range of any cell towers. However, between now (Saturday afternoon) and Monday, I am feverishly punching out 5 blog…

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Every state in the Third Circuit now recognizes LGBT rights at work. Third Circuit not so much for now.

Public Domain, Link It’s right there in the statute. Under New Jersey and Delaware state law, you can’t discriminate against an employee based on his or her sexual orientation or gender identity. Now, you won’t find the words “sexual orientation” or “gender identity” anywhere in the Pennsylvania Human Relations Act. But, starting…

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Do transgender employees have ADA rights also? “Well, it depends,” said the lawyer.

  Image Credit: Pixabay.com (https://pixabay.com/en/women-men-people-human-gender-149577/) When you think about lawsuits involving transgender employees and issues of gender identity, most assume that those claims would be asserted as sex discrimination claims. Often, those cases involve allegations of sex stereotyping. Except, about this time last year, I had a post entitled, “Pay…

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Jeff Sessions and the DOJ pull the rug out from under transgender workers.

Back in July of this year, the U.S. Department of Justice officially revealed its position that nothing would prevent an employer from discriminating against a gay worker before of his sexual orientation. On that very same day, President Donald Trump tweeted that the military should ban transgender people from serving. Fast…

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Is the EEOC going “wishy-washy” on LGBT rights at work?

The U.S. Equal Employment Opportunity Commission believes that discrimination based on LGBT status amounts to sex discrimination. Sex discrimination is unlawful under Title VII of the Civil Rights Act of 1964. However, some recent comments imply that the EEOC’s position on LGBT rights at work may change. Like, how about…

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I was this close to playing Mad Libs with Gov. Christie’s veto of NJ’s Paid Family Leave expansion.

But, the guy’s been through so much in the past year. Plus, I’m not certain that any of my Millennial readers know what Mad Libs are. As far as I know, they haven’t developed a Mad Libs Snapchat filter and Mad Libs wouldn’t make for a compelling podcast. Anyway, on…

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Feds are signalling a rough four years ahead for transgender rights

Late last month, I blogged here about some smoke signals from the U.S. Equal Employment Opportunity Commission that it may be backpedaling on pursuing discrimination claims on behalf of a transgender employee, in a case where the employer had raised a religious-freedom defense. Since then, other dominos have fallen, which indicate that…

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Has the EEOC found religion on LGBT workplace discrimination?

In a transgender-bias case with an employer-defendant concerned about having to violate its sincerely-held religious beliefs, the employee informed a federal appellate court last week that she is “reasonably concerned that the EEOC may no longer adequately represent her interests going forward.” Wow! Wow! WOW!!! “EEOC Sues Detroit Funeral Home Chain for…

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Feds unite with Worker.gov, a one-stop website for employees to address workplace issues

After consuming a protein shake or two from a red Solo cup during my family’s Halloween escapades, I retired to the bloggerdome to visit the EEOC’s website. Halloween or not, I have the coolest Monday night routine in all of Cherry Hill, NJ. Oh, heck, probably in the whole state. Because I’m good…

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And speaking of LGBT rights at work, here are two more recent victories for HR to ponder

As a corollary to yesterday’s post about David Lopez stepping down as EEOC General Counsel — *** Googles “corollary” — swish! *** — I bring you news of two recent court decisions advancing LGBT rights at work. 7th Cir. – Maybe Title VII protects workers from discrimination based on LGBT status after all. Earlier this…