Texas Challenges EEOC's New Bostock Guidance

In July 2021, the Equal Employment Opportunity Commission (EEOC) released FAQ guidance and a landing page as resources to employers in response to the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020).  Bostock was the 2020 Supreme Court decision that recognized that Title VII of the Civil Rights Act of 1964’s prohibition on employment discrimination based on sex includes a categorical bar on...
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Fourth Circuit Revives Same-Sex Harassment Claim

The Fourth Circuit Court of Appeals last week joined several other federal appellate courts when it rejected a narrow reading of Supreme Court precedent regarding same-sex harassment claims under Title VII of the Civil Rights Act of 1964.  Roberts v. Glenn Industrial Group, Inc., No. 19-1215 (4th Cir. May 21, 2021).  The Fourth Circuit covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia. The case involves Glenn...
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Supreme Court Rules That Gay and Transgender Employees Are Protected Under Title VII

In a landmark 6-3 decision, the Supreme Court ruled on Monday that Title VII protections extend to gay and transgender employees. The Bostock case was a consolidation of three cases wherein an employee was terminated for being homosexual or transgender. Gerald Bostock was fired shortly after joining a gay recreational softball league. Donald Zarda was terminated shortly after he announced being gay. Aimee Stephens was fired after informing her...
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Supreme Court Dodges Sticky Issues in Same-Sex Wedding Cake Case

Both sides of the political divide had been eagerly awaiting the decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission.  The Supreme Court’s decision, however, largely left the central issue of the case unresolved. This case involves a Colorado baker who refused to bake a wedding cake for a same-sex couple in 2012 because doing so would have gone against his religious beliefs.  At the time he made this decision, Colorado’s...
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Department of Labor Issues Revision To Definition of Spouse Under FMLA

Randi Klein Hyatt
Randi Klein Hyatt
03/05/2015
On February 25, 2015, the Department of Labor issued a Final Rule changing the definition of “spouse” under the Family and Medical Leave Act.  The Final Rule impacts those individuals who entered into legal same-sex marriages in a state that recognizes same-sex marriage, but now reside in a state that does not.  The prior iteration of the Rule defined “spouse” (29 CFR §§ 825.102 and 825.122(b)) based on the residency of the eligible...
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The IRS Has Spoken: Legal Same-Sex Marriage Recognized For Federal Tax Purposes

The Treasury Department and Internal Revenue Service issued a joint news release and Revenue Ruling 2013-17, in which the agencies announced that same-sex married couples will be recognized as legally married for federal tax purposes, regardless of where they reside, so long as they were married in any U.S. state or territory, or a foreign country, that legally recognizes same-sex marriages.  This ruling implements federal tax aspects of the Supreme...
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