News & Analysis as of

Sexual Orientation Discrimination Hiring & Firing Title VII

Dinsmore & Shohl LLP

SCOTUS Just Made it Easier for Employees to Bring “Reverse Discrimination” Lawsuits

Dinsmore & Shohl LLP on

On June 5, 2025, the United States Supreme Court unanimously rejected the Sixth Circuit’s rule, which required plaintiffs of a majority group to satisfy an additional burden as part of establishing a prima facie case of Title...more

Haynsworth Sinkler Boyd, P.A.

Supreme Court Affirms Uniform Legal Standard for All Discrimination Claims

The United States Supreme Court issued a unanimous opinion in Ames v. Ohio Department of Youth Services, rejecting a heightened burden for plaintiffs in “majority-groups” to meet their evidentiary burden in discrimination...more

Amundsen Davis LLC

Breaking News: U.S. Supreme Court Makes It Easier for Employees to Prove “Reverse Discrimination”

Amundsen Davis LLC on

Hune 5th, the U.S. Supreme Court clarified in the case of Ames v. Ohio Dept. of Youth Services, that “the standard for proving disparate treatment under Title VII does not vary based on whether or not the plaintiff is a...more

Bricker Graydon LLP

EEOC Cracks Down on Harassment of Transgender Employees

Bricker Graydon LLP on

On October 25, 2024, the Equal Employment Opportunity Commission (”EEOC”) issued a press release stating it was suing a Michigan restaurant for discrimination. The EEOC alleged Culver’s violated federal law when firing a...more

Littler

High Court to Review Standard Applied to “Reverse Discrimination” Cases

Littler on

On October 4, 2024, the U.S. Supreme Court granted certiorari in Ames v. Ohio Department of Youth Services (Case No. 23-1039) to decide whether plaintiffs who are members of historically majority communities asserting...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Culver’s for Discriminating Against Transgender Employee and Retaliating Against Him and His Co-Workers

Federal Agency Charges Fast Food Companies Subjected Transgender Manager to Misgendering and Deadnaming and Fired Him and Co-Workers for Complaining - CLARKSTON, Mich. – Five related entities operating Culver’s restaurants...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Two Employers for Sex Discrimination

Federal Agency Charges That the Companies Discriminated Against Employees Because of Their Sexual Orientation and/or Gender Identity - MOBILE, Ala. and CHICAGO – Harmony Hospitality LLC, which operates a Home2 Suites by...more

FordHarrison

What Employers Need to Know About the EEOC's New Guidance on Workplace Harassment

FordHarrison on

On March 29, 2024, the EEOC announced new guidance addressing harassment in the workplace, which goes into effect immediately. This guidance consolidates the EEOC’s previous guidance and incorporates new topics reflecting...more

U.S. Equal Employment Opportunity Commission...

Amerigo Italian Restaurant Owner Companies Pay $60,000 in EEOC Discrimination Suit

Restaurant Settles Federal Charges It Subjected Gay Employee to Hostile Work Environment At Its Memphis Restaurant, Then Fired Him for Complaining - MEMPHIS, Tenn. – J.H.S. Holdings, LLC, and 4Top Hospitality Group, Inc.,...more

Goldberg Segalla

Pennsylvania Federal Court Allows Claims of Sex Discrimination by Cisgender Male to Move Forward

Goldberg Segalla on

On April 4, 2024, the Honorable Judge Michael M. Baylson from the Eastern District of Pennsylvania partially granted and partially denied a motion to dismiss filed by a former employee who alleged discrimination by his...more

Constangy, Brooks, Smith & Prophete, LLP

Reverse gender identity discrimination? Yes, it's a thing.

What's good for the goose . . . A person who is discriminated against for not being transgender can have a valid claim under Title VII for “sex” (really, gender identity) discrimination. In McCreary v. Adult World, Inc., a...more

Benesch

Sixth Circuit Requires Additional “Background Circumstances” Evidence for Heterosexual Plaintiffs Seeking to Prove Reverse Sexual...

Benesch on

Earlier this month, the U.S. Court of Appeals for the Sixth Circuit upheld the dismissal of a sexual orientation discrimination claim brought by a heterosexual woman who was removed from her position and denied a promotion in...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues TA Dedicated and TForce TL Holdings for Sexual Orientation Discrimination, Retaliation

Federal Agency Charges Trucking Companies Allowed Harassment, Termination of Gay Mechanics Because of Sexual Orientation - CLEVELAND – TA Dedicated, Inc. doing business as Transport America, and TForce TL Holdings USA,...more

Epstein Becker & Green

#WorkforceWednesday: EEOC's LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law - Employment...

Epstein Becker & Green on

This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance. Federal Judge Blocks EEOC's LGBTQ+ Guidance The Equal Employment Opportunity Commission’s June...more

Stokes Wagner

Do You Know Your Obligations to Transgender Employees and Job Applicants?

Stokes Wagner on

The subject of transgender Americans has been raised a lot recently, sometimes in political contexts, but regardless of the politics, it is important for employers to understand their obligations with respect to transgender...more

Seyfarth Shaw LLP

The Devil is in the Pretext: No Successful Discrimination Claim If Employee Does Not Carry Burden to Prove Ulterior Explanation...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers can take precaution against discrimination claims by ensuring they have legitimate, nondiscriminatory reasoning for their decision-making. An honest explanation of their behavior makes it...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Aspire Nursing Homes for Sexual Orientation Discrimination

Maintenance Director Unlawfully Fired Because of His Sexual Orientation, Federal Agency Charged - COLUMBUS, Ohio – Aspire Regional Partners, Inc., MSTC Development, Inc., and their nursing homes known as the Northwood...more

Adler Pollock & Sheehan P.C.

Developments in the Law on Protections for LGBTQ+ Employees

The Supreme Court’s ruling in Bostock v. Clayton County,140 S. Ct. 1731, 1754 (2020) that expanded the prohibition against sex discrimination under Title VII (“Title VII”) of the Civil Rights Act to include discrimination on...more

Butler Snow LLP

Fifth Circuit Court of Appeals Requires Transgender Plaintiffs to Identify Comparators to Establish Title VII Discrimination

Butler Snow LLP on

This recent decision from the Fifth Circuit Court of Appeals confirms that plaintiffs claiming discrimination based on transgender status are subject to the same pleading and evidentiary requirements as other discrimination...more

Fisher Phillips

5 Employer Takeaways as EEOC Issues New Guidance on Sexual Orientation and Gender Identity Discrimination in the Workplace

Fisher Phillips on

The Equal Employment Opportunity Commission (EEOC) observed LGBTQ+ Pride Month and the one-year anniversary of the landmark Bostock v. Clayton County Supreme Court decision by announcing new resources to aid employers in...more

Hinshaw & Culbertson LLP

[Webinar] LGBTQ+ Employment Law Roundup - June 23rd, 5:00 pm PT

Join Hinshaw and the LGBTQ+ Lawyers Association of Los Angeles on June 23, 2021, as we commemorate June Pride Month with a webinar featuring practical guidance on LGBTQ+ employment and workplace issues. This one-hour CLE...more

Ward and Smith, P.A.

One Year Later: Have Employers Taken Stock Following Bostock?

Ward and Smith, P.A. on

This week (specifically June 15, 2021) marked the one-year anniversary of the U.S. Supreme Court's landmark decision in the case of Bostock v. Clayton County, which outlawed sexual orientation or transgender status employment...more

FordHarrison

OWN’s Greenleaf Presents Ministerial Exception Issue

FordHarrison on

Based on praise from various friends and colleagues, the lovely Mrs. Reed and I recently began watching Greenleaf, a series on the Oprah Winfrey Network (OWN) that ran from 2016 to 2020....more

Morgan Lewis

Biden Administration Issues Order on Gender Identity and Sexual Orientation

Morgan Lewis on

As one of his first actions in office, President Joe Biden has issued an executive order ensuring that last year’s US Supreme Court decision in Bostock v. Clayton County is applied immediately and efficiently by all federal...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Beyond Bostock: Protections and Barriers for the LGBTQ+ Community - October 8th, 12:00 pm - 1:00 pm EDT

Please join Nelson Mullins and LGBTQ+ leaders as we kick-off Atlanta Pride weekend with an online discussion of the legal and political battles ahead in the aftermath of the Supreme Court’s Bostock decision and rethinking...more

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