Articles Posted in Sexual Orientation

Ironically, it happened on the same day that President Trump nominated U.S. Equal Employment Opportunity Commission Commissioner Chai Feldblum, a true champion of LGBT workplace rights, to serve a third term at the EEOC. Yesterday, the U.S. Supreme Court declined to grant certiorari in Evans v. Georgia Regional Hospital.

In plain English, the Supreme Court passed.
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Hi there.

Did you have a nice Thanksgiving?

Notwithstanding Thursday’s feast, I rallied hard over the weekend. Indeed, I needed my energy up to check some boxes on my older daughter’s Christmas list. (She claims that number one is commonplace in Canada. I’m not so sure).

But, I’m taking a break from the shopping to wax employment law for you. Today, I want to get into LGBT rights at work. Continue reading

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

On the same day that President Donald Trump tweeted that the military should ban transgender people from serving, the U.S. Department of Justice doubled down. That is, in a pleading filed yesterday in a federal appellate court, the United States of America revealed its position that our federal laws that protect against discrimination at work do not apply to gay employees.

Suffice it to say, yesterday was not a good day for the LGBT community. Continue reading

Kick'n the canIt was déjà vu all over again yesterday.

In its much anticipated decision in Christiansen v. Omnicom Group, Inc. (opinion here), the Second Circuit concluded that Title VII of the Civil Rights Act does not cover discrimination based on sexual orientation.

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“Doing What’s Right – Not Just What’s Legal”
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