Articles Posted in Gender Identity

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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

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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

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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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By Nederlands Instituut voor de Classificatie voor Audiovisueel Materiaal (NICAM) (http://www.kijkwijzer.nl/upload/download_pc/7.pdf) [Public domain], via Wikimedia Commons

By 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 posts to hold you over until after Labor Day.

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

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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

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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

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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

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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

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Chris Christie at the 2015 CPAC by Gage Skidmore

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

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