Articles Posted in Gender Identity

On Monday, I blogged about President Biden’s first HR-compliance wish list, which focused on COVID-19 mitigation efforts.

On Wednesday, President Biden was sworn in. And, folks, he wasted no time making moves that will impact labor and employment law. Continue reading

Once the networks called the presidential election for Joe Biden over the weekend, something dawned on me. Maybe, I should write about how the new administration may impact employment law.

I mean, what other employment lawyer/blogger would think to do that? Dibs! Continue reading

Associate Justice Neil Gorsuch Official Portrait.jpg

By Franz Jantzen, Collection of the Supreme Court of the United Stateshttps://www.oyez.org/justices/neil_gorsuch, Public Domain, Link

After reading 133 pages of transcripts from yesterday’s two (1, 2) oral arguments in the three LGBT workplace rights cases pending before the Supreme Court, three things are clear to me: Continue reading

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Image by mibapict from Pixabay

Today, we’re taking a break from wage-and-hour compliance because I’m not sure that you can continue to handle that much fun. How else would you interpret so many people (un)subscribing to this blog yesterday?

Instead, I want to talk about news of this brief that over 200 companies, representing more than 7 million employees, a wide variety of industries, and more than $5 trillion in revenue will file with the Supreme Court today. Continue reading

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Image Credit: https://pixabay.com/en/pride-gay-nyc-new-york-city-flag-2444813/

The Supreme Court has agreed to decide whether the prohibition against sex discrimination in Title VII also covers discrimination based on sexual orientation and gender identity.

In other words, are there LGBT legal rights in the workplace? Continue reading

Judge Brett Michael Kavanaugh

U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia Commons

Yesterday, Supreme Court Justice Brett Kavanaugh delivered the opinion for a unanimous Supreme Court in a case called Henry Schein, Inc. v. Archer & White Sales, Inc.  Although the Court’s decision has nothing to do with employment law — it’s a case about antitrust issues and arbitration — there’s a little something from Justice Kavanaugh’s that may be more than a little something.

At least as it relates to a big employment case that could be coming down Supreme Court Boulevard in 2019. Continue reading

PhotoFunia-1536838536

Image Credit: Photofunia.com (http://photofunia.com/results/5b9a4b7e46867953)

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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