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Articles Posted in Sexual Orientation

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The Supreme Court passes on ruling on LGBT workplace rights … for now

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,…

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LGBT bias costs one employer the maximum amount allowed by law

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…

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Jeff Sessions and the DOJ pull the rug out from under transgender workers.

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…

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Is the EEOC going “wishy-washy” on LGBT rights at work?

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…

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DOJ: Federal law does not protect gay employees from discrimination at work

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…

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The stage is now set for the Supreme Court to resolve gay rights at work

That according to Lambda Legal, a national organization committed to achieving full recognition of the civil rights of the LGBT community. From last week’s Lambda Legal press release: Lambda Legal announced it will appeal to the U.S. Supreme Court after the U.S. Court of Appeals for the Eleventh Circuit denied its…

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There have been some huge, recent LGBT developments impacting your workplace.

Most notably, HR Dive interviewed me on supporting transgender employees at work during their transition!!! (There’s also something about the Senate and House introducing the Equality Act, which would amend Title VII to explicitly ban discrimination based on sexual orientation and gender identity.  And, another district court judge has ignored binding precedent…

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The best way to prepare your workplace now for President Trump’s new Religious Freedom Executive Order

Yeah, that’s basically it. Keep calm and carry on. There was a lot of talk over the past week or so about how the Presidential Executive Order Promoting Free Speech and Religious Liberty would create carte blanche for discrimination against LGBTQ and women. (Exhibit A, B, C). Yeah, that didn’t happen. Indeed,…

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A federal appellate court finally recognizes LGBT rights at work

The trailblazing Seventh Circuit Court of Appeals achieved a monumental result. And it only took 53 years after the enactment of Title VII of the Civil Right Act of 1964. Below, I have a breakdown of yesterday’s historic decision in Hively v. Ivy Tech Community College. Let’s start with the court’s…

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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…