Sexual Orientation

Lesbian coach is reinstated after outpouring of support from students, parents, and alums

September 24, 2021 | by Eric B. Meyer

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

July 15, 2021 | by Eric B. Meyer

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?

July 14, 2021 | by Eric B. Meyer

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

June 29, 2021 | by Eric B. Meyer

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! 🎂🎁

June 16, 2021 | by Eric B. Meyer

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.

April 16, 2021 | by Eric B. Meyer

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

Oh, check it out! The Equality Act is back. But, will it get to the President this time? 🏳️‍🌈

February 24, 2021 | by Eric B. Meyer

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

Eight ways that President Biden changed employment law on Day One. That was fast!!!

January 21, 2021 | by Eric B. Meyer

On Monday, I blogged about President Biden’s first HR-compliance wish list, which focused on COVID-19 mitigation efforts.

On Wednesday, President Biden was sworn in. And, folks, he wasted no time making moves that will impact labor and employment law. Continue reading

For how much did one of the most important employment cases of 2020 just settle?

December 4, 2020 | by Eric B. Meyer

Image by Mike Braun from Pixabay

On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate based on sex, also prohibits discrimination based on sexual orientation and transgender status. It was a landmark opinion.

One of the actions consolidated into the Bostock action was EEOC v. R.G. & G.R. Harris Funeral Homes. The EEOC argued specifically that Title VII prohibits discrimination based on transgender status. On November 30, 2020, it settled.

And I’ve got all the details for you. Continue reading

The five quotes that define and transcend yesterday’s landmark Supreme Court LGBT rights ruling

June 16, 2020 | by Eric B. Meyer

sharon-mccutcheon-516755-unsplash-1024x673

Photo by Sharon McCutcheon on Unsplash

As you’ve no doubt heard by now, yesterday, the Supreme Court ruled 6-3 that an employer who fires an individual merely for being gay or transgender has violated Title VII of the Civil Rights Act of 1964. Title VII is the federal workplace law that forbids discrimination based on sex.