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2d Cir kicks the can on LGBT rights at work under Title VII. None yet, but maybe soon…

It 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. Like the Eleventh Circuit a few weeks ago, a three-judge…

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11th Circuit: It’s perfectly legal to discriminate against someone because she is gay

On Friday, the Eleventh Circuit Court of Appeals, generally considered one of the more conservative appellate courts, issued a mixed-bag ruling in a high-profile LGBT-rights case. Sex stereotyping is unlawful; Title VII covers gender-nonconformity claims. In Evans v. Georgia Regional Hospital (opinion here), the Eleventh Circuit reaffirmed that  Title VII of the Civil…

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On John Cusack, Pink Floyd, Title IX, and medical residencies.

Serendipity may be one of the worst movies of all time. Of this, I am sure. Then again, I can’t stand John Cusack movies, especially that pretentious piece of one-know-what, High Fidelity. But, I’m not writing today to bash John Cusack. And, I’m not made of stone. Hot Tub Time Machine was…

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Supreme Court passes on transgender rights case…for now.

I received a bunch of reader emails yesterday with requests for future blog posts. One reader requested a follow-up to yesterday’s post about service animals and the ADA, asking that I address what happens when a service animal causes allergy issues for co-workers. Another reader sought input on heated political discussions…

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Feds are signalling a rough four years ahead for transgender rights

Late last month, I blogged here about some smoke signals from the U.S. Equal Employment Opportunity Commission that it may be backpedaling on pursuing discrimination claims on behalf of a transgender employee, in a case where the employer had raised a religious-freedom defense. Since then, other dominos have fallen, which indicate that…

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White House will uphold Obama Executive Order protecting LGBT employees of federal contractors

Yep. From Jeremy Peters at The New York Times (here): The White House said on Monday that President Trump would leave in place a 2014 Obama administration order that created new workplace protections for gay, lesbian, bisexual and transgender people. … The decision to keep the order, the statement added,…

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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!!! “EEOC Sues Detroit Funeral Home Chain for…

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No more job-applicant salary-history questions allowed in Philadelphia ever again. Possibly.

When last we visited the whirlwind saga of the City of Philadelphia’s proposed bill that would ban employers from asking about applicant salary history, I was waxing poetic about Animal House, suggesting here that Mayor Kenney was slowing his roll after City Council had unanimously approved the bill. Yeah, about that… Mayor…

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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. 3. “A person…

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Sex on the beach becomes a sexual harassment lawsuit.

Actually, I’m not talking about the drink. No, the case I’m addressing today has actual sex on the beach. And allegations of sexual harassment and disparate treatment. It involves an outside sales representative — let’s call her “Plaintiff” — and the son of the company President, during a boat trip in Mallorca,…