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Appeals Court Rules Sexual Orientation Discrimination Prohibited By Title VII

Clifford Geiger
Clifford Geiger
02/28/2018
Employment Discrimination, Sexual Orientation
On February 26, 2018, the United States Court of Appeals for the Second Circuit held that sexual orientation discrimination constitutes a form of discrimination “because of . . . sex” in violation of Title VII.    Zarda v. Altitude Express, Inc., 2d Cir., No. 15-03775 (2/26/18).  The court overturned prior decisions holding otherwise, saying that “legal doctrine evolves.”  This is the second appeals court to depart from precedent and...
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LGBTQ Protections and Best Practices Under Title VII

Kollman & Saucier
Kollman & Saucier
01/11/2018
Employment Discrimination, Gender Identity, Sex Discrimination, Sexual Orientation
We are pleased to announce that Darrell VanDeusen and Alex Berg's recent article on "LGBTQ Protections and Best Practices under Title VII" has been published on Lexis Practice Advisor and Law360 (subscriptions required). A copy of the article, which is intended primarily to inform employers about the current state of the law across federal appellate courts and to provide practical pointers to businesses who face LGBTQ issues in the workplace, can be...
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Business Community Responds to Administration's Transgender Discrimination Memorandum

Kollman & Saucier
Kollman & Saucier
10/13/2017
Employment Discrimination, Sexual Orientation
The ink was still fresh on the DOJ’s October 4 memorandum recanting the federal government’s position that Title VII protects transgender individuals at work, as a drove of major U.S. businesses responded in opposition. In an amicus brief filed October 10, a group of 76 businesses and organizations demands equality in the workplace and urges the U.S. Supreme Court to grant certiorari in Evans v. Georgia Regional Hospital.  Evans involves...
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The Saga Continues for Title VII and Transgender Identity

Kollman & Saucier
Kollman & Saucier
08/11/2017
Employment Discrimination, Gender Identity, Sex Discrimination, Sexual Orientation
Much like Star Wars fans anticipate the rolling out of Episode after Episode, I have observed the developing landscape of Title VII sex discrimination with the sort of excitement that ordinarily warrants a big tub of popcorn.  The most recent activity is no exception. Two weeks ago, we reported on the Department of Justice’s statement that sexual orientation is not – nor should be – a protected category under Title VII. Last week, the...
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DOJ Goes Rogue On Whether Title VII Prohibits Sexual Orientation Discrimination

Kollman & Saucier
Kollman & Saucier
07/28/2017
Employment Discrimination, Sexual Orientation
In an amicus brief filed July 26, 2017, with the Second Circuit Court of Appeals, the Department of Justice declared that an employee's sexual orientation is not and should not be a protected status under Title VII of the Civil Rights Act of 1964.  Stated simply: sex discrimination does not extend to sexual orientation discrimination because the "essential element of sex discrimination under Title VII is that employees of one sex must be treated...
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Full Second Circuit Joins The "Does Title VII Prohibit Sexual Orientation Bias" Party.

Kollman & Saucier
Kollman & Saucier
05/31/2017
Sexual Orientation
The Second Circuit Court of Appeals has agreed to let its full panel determine whether Title VII of the Civil Rights Act prohibits employment discrimination on the basis of an individual's sexual orientation.  Zarda v. Altitude Express, Inc., No. 15-3775 (2d Cir. May 25, 2017) (en banc review granted). As we wrote about last month, the full Seventh Circuit concluded in Hively v. Ivy Tech Community College of Indiana (7th Cir. 2017), in an 8-3...
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Second Circuit Holds Sexual Orientation Not Protected By Title VII

Kollman & Saucier
Kollman & Saucier
03/28/2017
Employment Discrimination, Sexual Orientation
In a case that has been closely watched, in Christiansen v. Omnicorp Grp., Inc., No. 16-749 (2d Cir. March 27, 2017), a three-judge panel of the Second Circuit decided that a gay, HIV-positive employee is not able to pursue a claim of sexual orientation discrimination under Title VII, concluding that Title VII does not protect against gay bias.  The Second Circuit cut to the case and concluded that absent a ruling by the Supreme Court, or a full...
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D.C. Office Of Human Rights Publishes Best Practices Guide On Transgender Rights

Kollman & Saucier
Kollman & Saucier
12/02/2016
Employment Discrimination, Sexual Orientation
The District of Columbia Office of Human Rights recently published a best practices guide for employers regarding transgender issues in the workplace: Valuing Transgender Applicants and Employees: A Best Practices Guide For Employers.  Combined with earlier guidance from the EEOC on transgender bathroom access and LGBT discrimination, employers must not ignore this issue. The DCOHR guidance offers nine “best practices” for employers dealing...
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Federal Court Finds Sexual Orientation Protected By Title VII

Kollman & Saucier
Kollman & Saucier
11/15/2016
Employment Discrimination, Sexual Orientation
It was only a matter of time, which has now come to pass.  In EEOC v. Scott Med. Health Ctr. (W.D. Pa. Nov. 4, 2016), trial judge Cathy Bissoon determined that the EEOC may pursue a claim that Scott Medical Health Center violated Title VII when it permitted a supervisor to harass a gay employee because of his sexual orientation to the point the employee felt compelled to resign.  When the employer moved to dismiss the case, arguing that legal...
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Court Rules Against EEOC On Transgender Discrimination Claim

Clifford Geiger
Clifford Geiger
08/22/2016
Agency Activity, Employment Discrimination, Sex Discrimination, Sexual Orientation
On August 18, 2016, a federal district court ruled that a Michigan funeral home did not violate Title VII by firing a transgender employee, who was transitioning from male to female, because the employee intended to “dress as a woman” at work.  EEOC v. R.G. & G.R. Funeral Homes, Inc., E.D. Mich., No. 14-13710, 8/18/16 The U.S. District Court for the Eastern District of Michigan ruled the funeral home was entitled to a religious exemption...
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