According to Chris Geidner at Buzzfeed.com (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. I…
Articles Posted in Sexual Orientation
EEOC reaches historic $200K settlement on its first sexual orientation bias lawsuit
In early March, the U.S. Equal Employment Opportunity Commission filed its first lawsuits, in which it alleged that employer had violated Title VII by discriminating based on sexual orientation. Late last week, one of those lawsuits settled. Dani Kass from Law360 reports here that the EEOC and Pallet Cos., which does business as…
EEOC: Not letting transgender employees use the restroom of their gender identity is sex discrimination
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…
NY federal court concludes that Title VII does not prohibit anti-gay bias….yet.
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…
Legal or illegal, companies don’t have to tolerate LGBT discrimination at work
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…
The EEOC is taking businesses accused of anti-gay bias to federal court now
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…
Five employment cases blowing up my DropBox and Pocket
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…
Another court holds that LGB discrimination is sex discrimination under federal law
On Tuesday, I had a great sandwich. You see, I made a turkey and swiss sandwich at home and, in a moment of brilliance, I added some of the leftover guacamole from Taqueria La Veracruzana. Oh, right, you’re here to learn about sexual-orientation discrimination. Ok, forget the sandwich, let’s talk LGBT…
Latest study indicates rampant transgender discrimination at work
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…
Court upholds employee firing after complaining about gay slurs. Was that a mistake?
Mr. Gaff worked as a custodian at a University. He claimed that, on several occasions, his subordinate called him a “fa***t.” So, Mr. Gaff complained to his supervisor. Then, Mr. Gaff was later fired. Retaliation? Are you going to be at the ABA Annual Labor & Employment Law Conference in Philly…