News & Analysis as of

Sexual Orientation Employment Discrimination Sex Discrimination

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Nullifies EEOC Guidance on LGBTQ+ Protections

On May 15, 2025, a federal court vacated portions of the U.S. Equal Employment Opportunity Commission’s (EEOC) workplace harassment guidance, specifically, guidance on harassment based on sexual orientation and gender...more

McAfee & Taft

SCOTUS to weigh in on reverse discrimination claim brought by heterosexual employee

McAfee & Taft on

Last week, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, an employment discrimination lawsuit that focused on a reverse discrimination claim under Title VII of the Civil Rights Act...more

Bodman

Michigan Amends Civil Rights Act To Include LGBTQ Protections

Bodman on

On March 16, 2023, Michigan Governor Gretchen Whitmer signed a bill that expands the Elliott-Larsen Civil Rights Act (“ELCRA”) to include protections for LGBTQ individuals....more

McAfee & Taft

Court applies Bostock’s “because of… sex” ruling to Title IX case

McAfee & Taft on

This past June, the U.S. Supreme Court decision in Bostock v. Clayton County expanded the protections of Title VII, which prohibits an employer from discriminating against an employee or applicant “because of … sex,” to...more

Fisher Phillips

Court Ruling Points to Expanded LGBT Anti-Discrimination Protections in China

Fisher Phillips on

In a landmark ruling, a Beijing court ruled in favor of a transgender employee against her employer, a Chinese e-commerce company, interpreting China’s anti-discrimination laws to include protection based on sexual...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Cole Schotz

Supreme Court Holds That Employers Cannot Discriminate Against Employees On The Basis Of Sexual Orientation Or Gender Identity

Cole Schotz on

On June 15, 2020, in a 6-3 decision, the United States Supreme Court made clear that employers may not discriminate against employees on the basis of sexual orientation or gender identity. Specifically, the Court held that...more

Fox Rothschild LLP

Supreme Court Hears Argument In LGBT Discrimination Cases: What’s Next?

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As regular readers of our blog will already know, the issue of whether Title VII prohibits employment discrimination based on an employee’s sexual orientation or gender identity has been a hot topic in federal litigation for...more

Spilman Thomas & Battle, PLLC

Supreme Court Will Render Landmark Decisions Regarding LGBTQ Protection Under Title VII

This fall, the U.S. Supreme Court heard three employment cases that collectively ask: Does Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination “because of…sex,” encompass discrimination based...more

Fisher Phillips

Pendulum To Swing Back As SCOTUS Prepares For Exciting 2019-2020 Term

Fisher Phillips on

Taking a three-year look back at the Supreme Court’s workplace law decisions gives you the sense that the exciting cases only come down every other year. In the ho-hum term that ended in 2017, the Court handled relatively...more

Constangy, Brooks, Smith & Prophete, LLP

LGBT Bias Claims Could Become Viable Under Missouri Human Rights Act

Prudent employers will make sure their policies cover sexual orientation and gender identity. Last week, the Missouri Supreme Court issued two opinions that could change the viability of LGBT discrimination claims under...more

Fox Rothschild LLP

PHRC Will Accept Discrimination Complaints From LGBT Employees

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The Pennsylvania Human Relations Commission (PHRC), Pennsylvania’s leading agency that investigates and enforces Pennsylvania’s employment discrimination laws, has voted to accept complaints of discrimination from lesbian,...more

Troutman Pepper Locke

New Pa. Guidance Interprets Anti-Discrimination Law to Cover LGBT Individuals

Troutman Pepper Locke on

In a significant development for Pennsylvania employers, the Pennsylvania Human Relations Commission (PHRC) has issued new guidance announcing that it takes the position that employment discrimination based on LGBT status is...more

Sheppard Mullin Richter & Hampton LLP

Title VII In Transition? Texas Federal Court Rules That Anti-Discrimination Statute Protects Transgender Individuals

In a landmark ruling, a federal court judge in Texas issued an opinion holding—unequivocally—that Title VII protects transgender individuals from discrimination based on their gender identity. Wittmer v. Phillips 66 Company,...more

Akerman LLP

Episode 25: EEOC Commissioner Chai Feldblum Part II: Other Emerging EEOC Trends + Takeaways

Akerman LLP on

Matt Steinberg welcomes EEOC Commissioner Chai Feldblum for the second half of their wide-ranging conversation where Matt and Commissioner Feldblum discuss federal protection of employment-related LGBT rights, how the DOJ’s...more

McNees Wallace & Nurick LLC

What Does Attorney General’s Memo on Transgender Rights Mean for Employers?

LGBTQ workplace rights is perhaps the most rapidly evolving area in employment law. On October 4, 2017, United States Attorney General Jeff Sessions formally weighed in on the topic. He issued a memorandum to all federal...more

FordHarrison

Department of Justice Weighs In: Title VII Does Not Prohibit Gender Identity Discrimination

FordHarrison on

Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation, gender identity, transgender status and/or gender expression remains a heated debate in the courts and between...more

Cozen O'Connor

Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez

Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode presents the first of two parts of a timely and...more

Zelle  LLP

Employment Law Navigator – Week in Review: May 2017 #5

Zelle LLP on

Last week, all the judges on the U.S. Court of Appeals for the Second Circuit agreed to review a suit that raises claims of sexual orientation discrimination under Title VII. The case involves a New York skydiving instructor...more

Fisher Phillips

Appeals Court Refuses To Extend Title VII Coverage To Sexual Orientation

Fisher Phillips on

On Friday, the 11th Circuit Court of Appeals declined to extend Title VII’s protections to sexual orientation discrimination, but reinforced that employees may allege sex discrimination claims when they face workplace...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Littler

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Foley & Lardner LLP

Five Suggestions to Create a Transgender-Inclusive Workplace

Foley & Lardner LLP on

To get ahead of the curve, employers should start adopting more inclusive policies aimed at accommodating transgender employees. To date, 19 states and the District of Columbia have adopted laws prohibiting discrimination in...more

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