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The Employer Handbook Blog
Articles Posted in Sexual Orientation
Has the EEOC found religion on LGBT workplace discrimination?
In a transgender-bias case with an employer-defendant concerned about having to violate its sincerely-held religious beliefs, the employee informed a federal appellate court last week that she is “reasonably concerned that the EEOC may no longer adequately represent her interests going forward.”
Wow! Wow! WOW!!!
According to you, these were the top five posts for 2016 at The Employer Handbook
Out of 276,376 page views in 2016 — thanks for reading and clicking refresh, dad — these five were straight fire!!!
5. The new DOL overtime rules are here. You’ve got HR questions? I have answers!
4. Foul! Nasty tweets to Steph Curry’s family cost a Cavs fan his job.
My 2 cents on President-Elect Trump’s impact on HR-compliance in 2017. (Literally, worth 2 cents)
I’ll open this post with a haiku. Because, I feel like we could all use a haiku.
President-Elect
For HR, what will he do?
Not a stinkin’ clue!
PA federal court turns the page and protects gay workers from discrimination
In 2001, the Third Circuit Court of Appeals decided Bibby v. Philadelphia Coca Cola Bottling Co. In Bibby, the Third Circuit could not have been clearer about whether federal anti-discrimination law made LGBT bias at work unlawful.
“Title VII does not prohibit discrimination based on sexual orientation. Congress has repeatedly rejected legislation that would have extended Title VII to cover sexual orientation.”
That’s binding precedent on all lower federal courts in Pennsylvania.
Except, on Friday, Judge Cathy Bissoon from the United States District Court for the Western District of Pennsylvania concluded EEOC v. Scott Medical (opinion here) that Bibby is questionable, outdated jurisprudence.
New report highlights rampant hiring bias against qualified transgender applicants
.png "By Steph141disavowed (Own work) [CC BY-SA 4.0 (http://creativecommons.org/licenses/by-sa/4.0)], via Wikimedia Commons")
Hold up. I need to catch my breath after last night’s episode of The Walking Dead.
(Don’t worry. No spoilers ahead).
And speaking of LGBT rights at work, here are two more recent victories for HR to ponder
As a corollary to yesterday’s post about David Lopez stepping down as EEOC General Counsel —
*** Googles “corollary” — swish! ***
— I bring you news of two recent court decisions advancing LGBT rights at work.
Court says Hobby Lobby decision sometimes greenlights sex discrimination at work
I teased it in Friday’s post.
Last week, a Michigan federal court held (here) that a workplace dress code that requires one gender to conform to a sex stereotype (e.g., men must wear suits, and women must wear dresses) is “direct evidence” of sex discrimination. But, the employer in the Michigan case refused to waver from the letter of the dress code, and avoided a sex discrimination claim under Title VII.
Why? Because Hobby Lobby.
Your dress code may create a big sex-discrimination mess at work
Just for today, head on over to LinkedIn, and check out my post about how strict application of your dress code could result in a nasty sex discrimination claim.
(And a little teaser for Monday — I’ll explain why the Supreme Court’s Hobby Lobby decision may trump Title VII and allow some employers to discriminate).