Articles Posted in Sexual Orientation

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

Inclusive Progressive Pride flag

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

Non-binary pronouns

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? ๐Ÿค” Continue reading

Supreme Court of the U.S. Building

Marielam1, CC BY-SA 4.0, via Wikimedia Commons

Last year,ย the Supreme Court ruled 6-3ย inย 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.ย  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.

Whileย Bostock has nothing to do with bathrooms andย G.G.ย  has nothing to do with the workplace, I think you can see where I’m going here.

Continue reading

Fast food

Daniel Barcelona, CC BY 3.0 <https://creativecommons.org/licenses/by/3.0>, via Wikimedia Commons

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

โ€œDoing Whatโ€™s Right โ€“ Not Just Whatโ€™s Legalโ€
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