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 […]
Sexual Orientation
Fifth Circuit To Consider Claim Of “Reverse” Sexual Orientation Bias
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 […]
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
By Kollman & Saucier on June 6, 2018 in 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 […]
Oh God: Sixth Circuit Reverses Funeral Home Win Over Transgender Employee
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 […]
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
By Kollman & Saucier on January 11, 2018 in 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 […]
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
By Andrea Murphy on August 11, 2017 in 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 […]
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 […]
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