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Sexual Orientation

Supreme Court Grants Certiorari On LGBT Discrimination Issues

On April 22, 2019, the Supreme Court granted certiorariin three cases relating to Title VII’s coverage (or noncoverage) of workplace discrimination based on sexual orientation and/or transgender status.  Those cases are Bostock v. Clayton County, GA(No. 17-1618), Altitude Express, Inc. v. Zarda(No. 17-1623), and R.G. & G.R. Harris Funeral Homes v. EEOC (No. 18-107). The […]

11th Circuit Judge Criticizes Colleagues’ Response To Sexual Orientation Under Title VII

On May 10, 2018, a three-judge panel on the Eleventh Circuit (which covers Alabama, Florida, and Georgia) affirmed dismissal of an employment discrimination lawsuit under Title VII of the Civil Rights Act of 1964.  Bostock v. Clayton Cnty. Bd. of Comm’rs, No. 17-13801 (11th Cir. May 10, 2018).  The panel concluded that, under Eleventh Circuit […]

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 […]

Appeals Court Rules Sexual Orientation Discrimination Prohibited By Title VII

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 […]

LGBTQ Protections and Best Practices Under Title VII

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 […]

Business Community Responds to Administration’s Transgender Discrimination Memorandum

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 Saga Continues for Title VII and Transgender Identity

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 […]

DOJ Goes Rogue On Whether Title VII Prohibits Sexual Orientation Discrimination

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 […]