That’s effectively the argument the plaintiff, an openly gay man, made in this case.
Articles Posted in Sexual Orientation
Everything “employment law” mentioned in last night’s State of the Union Address
In case you missed President Biden’s State of the Union Address last night, I’ve got you covered with everything HR compliance that came up. Continue reading
Lesbian coach is reinstated after outpouring of support from students, parents, and alums

Henning Schlottmann (User:H-stt), CC BY-SA 4.0, via Wikimedia Commons
Over at the FisherBroyles Employment Law Blog, my partner, Amy Epstein Gluck, wrote here about a recent federal court finding that a Catholic school could not avoid discrimination claims after firing a gay teacher from a secular position.
Serendipitously, I just read a story about a lesbian seeking to become a women’s lacrosse coach at a Catholic high school. The school initially withdrew the offer. But, this story has a happy ending. Continue reading
Because you asked, I’ve got so many great trans-inclusive resources for you and your workplace today

Danachos, CC BY-SA 4.0, via Wikimedia Commons
Thank you for all of the positive feedback and comments both via email and here on LinkedIn following yesterday’s transgender pronoun post. Many of the requests were for additional resources to promote a trans-inclusive workplace. Continue reading
One of your employees objects to using transgender co-workers’ personal pronouns. Now what?

Amousey, CC0, via Wikimedia Commons
Most employees are at-will; they can be fired for any reason or no reason at all. And intentionally misgendering a co-worker would be enough.
But, what if the employee objects on religious grounds? 🤔 Continue reading
The Supreme Court’s silence on transgender bathroom use may speak volumes for your workplace

Marielam1, CC BY-SA 4.0, via Wikimedia Commons
Last year, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has discriminated based on sex in violation of Title VII of the Civil Rights Act of 1964. Yesterday, the Supreme Court declined to address the Fourth Circuit’s decision in G.G. v. Gloucester County School Board, where the appellate court ruled that under Title IX of the Education Amendments Act of 1972, transgender students may use the bathroom that corresponds to their gender identity. Otherwise, the school is discriminating based on sex.
While Bostock has nothing to do with bathrooms and G.G. has nothing to do with the workplace, I think you can see where I’m going here.
Happy Belated 1st Birthday to an LGBT rights landmark decision. I brought cake and presents! 🎂🎁

Stephanie Astono Salim, CC BY-SA 4.0, via Wikimedia Commons
Yep, we’re celebrating!
PRO-TIP: Men who smack women at work probably shouldn’t then sue for discrimination.
Did I ever tell you guys about the wacky race discrimination case I defended involving a male fast-food franchise employee caught on video smacking a female co-worker? Continue reading
Oh, check it out! The Equality Act is back. But, will it get to the President this time? 🏳️🌈

Image Credit: Pixabay.com
In 2019, the House of Representatives made history when it passed the Equality Act, a comprehensive LGBT rights bill. Continue reading