Sexual Orientation

Federal court permits discrimination against transgender employee

December 1, 2014 | by Eric B. Meyer

Under federal law (Title VII), employers cannot discriminate because of one’s sex. While Title VII does not explicitly coverage transgender employees (i.e., someone born female who presents male, and vice-versa; also known as gender identity), the EEOC’s position is that transgender employees are protected too. Indeed, they’ve begun filing federal lawsuits on behalf of transgender employees who claim to have been discriminated against.

But, Courts have not uniformly accepted the EEOC’s position. Indeed, the state of the law here is very much unsettled.

Just before Thanksgiving, a Texas federal court considered whether an employer can discriminate under Title VII based purely on gender identity…and get away with it.

More after the jump…

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Check out the EEOC’s playbook for combatting LGBT discrimination

November 6, 2014 | by Eric B. Meyer

Even without a federal law that specifically bans discrimination in the workplace based on sexual orientation or gender identify, it’s no secret that one of the EEOC’s top priorities is to protect LGBT workers from discrimination.

And the EEOC is being quite transparent about it, with a new guide for employers and employees.

I’ve got that for you after the jump…

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House Democrats seek to breathe new life into ENDA

September 18, 2014 | by Eric B. Meyer

And here I just got finished telling an audience yesterday at the Philadelphia Chamber of Commerce that the Employment Non-Discrimination Act was dead.

Guess I was wrong.

More on this after the jump…

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How swift response to racial slurs and graffiti defused a discrimination claim

September 12, 2014 | by Eric B. Meyer

You have an employee handbook, an anti-harassment policy, training, the whole nine.

But, sometimes, notwithstanding your best efforts to create a positive, respectful workplace, you receive a complaint from an employee who claims to be the victim of harassment based on [insert protected class].

All the prophylactic measures you’ve already installed mean nothing unless you respond to that complaint appropriately.

See how one company did it right, after the jump…

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Court: Title VII prohibits retaliation based on good-faith complaint of sexual-orientation harassment

August 25, 2014 | by Eric B. Meyer

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected classes. Sexual orientation isn’t one of those protected classes specifically listed in the statute.

So, if an employee complains about sexual-orientation harassment and is later fired because she complained, then that won’t create a claim under Title VII. Or does it?

Find out after the jump…

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Today, President Obama will sign an Executive Order banning LGBT discrimination

July 21, 2014 | by Eric B. Meyer

Thumbnail image for rainbowflag.jpg According to a Friday report from Cynthia L. Hackerott at Wolters Kluwer, President Obama will sign an Executive Order today banning discrimination against LGBT employees by federal contractors.

Last month, I blogged here that the White House had announced that it intended to eventually ban LGBT discrimination by federal contractors through Executive Order because the Employment Non-Discrimination Act (ENDA), did not make it through Congress.

Since that time, several gay-rights groups withdrew their support for ENDA, fearing that it afforded “religiously affiliated organizations … a blank check to engage in workplace discrimination against LGBT people.”

President Obama to ban LGBT discrimination by federal contractors — eventually

June 17, 2014 | by Eric B. Meyer

Share the news: President Obama will prohibit federal contractors from discriminating on the basis of sexual orientation or gender identity.

— The White House (@WhiteHouse) June 16, 2014

The White House announced the news yesterday via Twitter.

Mohawks in the workplace aren’t gay. Stupid, but not gay.

February 26, 2014 | by Eric B. Meyer

Three years at this blog without discussing mohawk hairstyles in the workplace. Now, two posts in one week. Which reminds me of the time I dressed up as BA Baracus for Halloween in law school

Ah, yes. That mohawk….and BA’s fear of flying. Ties right into today’s post.

(I love it when a plan comes together)

PA Gov. Corbett announces support for ban on LGBT workplace discrimination

December 19, 2013 | by Eric B. Meyer

Over the Summer, I reported here that about companion Pennsylvania bills introduced in the House and Senate that would outlaw both sexual orientation and gender identity discrimination in the workplace.

Each bill had bipartisan support, but it was unclear how Governor Corbett (R) would act if a bill was placed on his desk for his signature.

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ENDA — a bill banning LGBT workplace discrimination — passes the Senate

November 8, 2013 | by Eric B. Meyer

Thumbnail image for rainbowflag.jpg And it wasn’t close at all.

By a final vote of 64-32, the Employment Non-Discrimination Act, also known as ENDA, passed the Senate on Thursday.

All 52 Democrats, plus 2 Independents and 10 Republicans voted in favor of the bill. Among the notable yes votes was Pennsylvania Senator Pat Toomey (R). Indeed, minutes before voting yes on ENDA, Senator Toomey saw his proposed amendment to the bill, which would have created exceptions for certain religious groups, defeated.