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Second Circuit Turns Down Employee’s Claim of Wrongful Termination for Refusal to Attend LGBTQ Bias Training Session

Vincent Jackson
Vincent Jackson
05/18/2023
Gender Identity, Hostile Work Environment, Religious Discrimination, Sexual Orientation
A recent case from the Second Circuit illustrates the growing tension between religious discrimination claims and protection of LGBTQ rights under Title VII.  In Zdunski v. Erie 2-Chautauqua-Cattaraugus BOCES, the Second Circuit affirmed a lower court’s decision granting summary judgment against an employee who alleged that, by being forced to attend mandatory LGBTQ  anti-discrimination trainings, he was subject to religious discrimination. The...
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EEOC's LGBT Bathroom/Dress Code/Locker Room Guidance Gets Nixed By Another Federal Court Judge

Randi Klein Hyatt
Randi Klein Hyatt
10/05/2022
Agency Activity, EEOC, Sexual Orientation
A Texas federal court judge just ruled that the Equal Employment Opportunity Commission's (EEOC) June 2021 Guidance that permits exceptions for LGBT employees from certain policies on bathrooms, dress codes and locker rooms was unlawful.   In Texas v. EEOC, et al., 2:21-CV-194-Z (N.D. Tex. Oct. 1, 2022), District Court Judge Matthew Kacsmaryk, a Trump appointee, found that the EEOC's Guidance had improperly interpreted the scope of the Supreme...
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Federal Judge Halts EEOC Guidance on Protections for LGBTQ Employees

Vincent Jackson
Vincent Jackson
07/22/2022
Agency Activity, Sexual Orientation
A federal judge in Tennessee took the rare step of issuing a preliminary injunction to block the Equal Employment Opportunity Commission from issuing guidance regarding employment discrimination based upon sexual orientation or gender identity.  The case stems from the EEOC’s attempt to implement the Supreme Court’s landmark 2020 ruling in Bostock v. Clayton County, which held that Title VII’s ban on sex discrimination applied to...
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Supreme Court Grants Certiorari On LGBT Discrimination Issues

Kollman & Saucier
Kollman & Saucier
04/24/2019
Sexual Orientation, Supreme Court Decisions
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 Court consolidated Bostockand Zarda, which both concern whether...
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Fifth Circuit To Consider Claim Of “Reverse” Sexual Orientation Bias

Clifford Geiger
Clifford Geiger
01/09/2019
Sexual Orientation
On January 11, 2019, the Supreme Court will consider whether to take any one of three cases that may clarify whether Title VII’s prohibition on discrimination based on sex includes discrimination against LGBT applicants and employees.  At the same time, a heterosexual woman in Louisiana is trying to convince a federal appeals court that she was discriminated against because of her heterosexual orientation when she was fired by a gay supervisor,...
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11th Circuit Judge Criticizes Colleagues’ Response To Sexual Orientation Under Title VII

Garrett Wozniak
Garrett Wozniak
07/26/2018
Sexual Orientation
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 precedent, Title VII does not prohibit discrimination based on an employee’s sexual orientation.  Id....
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Supreme Court Dodges Sticky Issues in Same-Sex Wedding Cake Case

Randi Klein Hyatt
Randi Klein Hyatt
06/06/2018
Employment Discrimination, Same-Sex Marriage, Sexual Orientation, Supreme Court Decisions
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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Oh God: Sixth Circuit Reverses Funeral Home Win Over Transgender Employee

Darrell VanDeusen
Darrell VanDeusen
03/09/2018
Employment Discrimination, Sexual Orientation
Amiee Stephens worked for a funeral home when she was known as Anthony Stephens. The funeral home is a closely held corporation, owned by a devout Christian.  The funeral home itself, however, is not affiliated with a church and does not claim to have a religious purpose in its articles of incorporation.  It is open every day, including Christian holidays, and it serves clients of all faiths. The short factual summary:  when Stephens told the...
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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

Randi Klein Hyatt
Randi Klein Hyatt
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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