U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia Commons
At least as it relates to a big employment case that could be coming down Supreme Court Boulevard in 2019. Continue reading
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
By Nederlands Instituut voor de Classificatie voor Audiovisueel Materiaal (NICAM) (http://www.kijkwijzer.nl/upload/download_pc/7.pdf) [Public domain], via Wikimedia Commons
Will I sacrifice quality for quantity? Since you’re not paying me anything to blog, you bet I will. Hopefully, you won’t see it that way. But, if feel otherwise, go jump in a lake I’m sorry. Continue reading
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 this month, the Pennsylvania Human Relations Commission is treating both “sexual orientation” and “gender identity” as protected classes.
“Speak, English, Eric!”
LGBT discrimination is against the law in all three states in the tri-state area — at least according to the state agencies that administer each law. Continue reading
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. Continue reading
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 forward to yesterday. In a move that surprised everyone, said absolutely no one, the DOJ issued this memo in which it posited that Title VII of the Civil Rights Act of 1964, the federal workplace anti-discrimination law, does not protect transgender workers from discrimination based on their gender identity per se. Continue reading
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 a full 180? Continue reading
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. Continue reading
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 the Trump administration is reversing course on transgender rights.
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!!!
The Employer Handbook Blog