Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Category Archives: ENDA

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Weekly catch-up

Posted in Affirmative Action, Discrimination, ENDA, Gender Identity Discrimination, Sexual Orientation
*The Summer 2016 edition of Preventive Medicine, our health care industry publication, is out, featuring an article by Susan Bassford Wilson on the ever-changing law on LGBT discrimination. We also have the EEOC’s latest LGBT charge-filing statistics, and all the latest employment law news of interest to health care employers since our Spring 2016 edition.… Continue Reading

Huh? Title VII and sexual orientation bias, revisited

Posted in Discrimination, ENDA, Gender Identity Discrimination, Same-sex marriage, Sexual Orientation
UPDATE (10/14/16): The Hively decision discussed below was issued by a three-judge panel of the Seventh Circuit. This week, the full Seventh Circuit set aside the decision and agreed to rehear the case with all of the judges participating. Here is a copy of the order.  The U.S. Court of Appeals for the Seventh Circuit… Continue Reading

EEOC posts fact sheets on LGBT discrimination, transgender issues

Posted in Discrimination, ENDA, Gender Identity Discrimination, Harassment, Settlements, Sexual Orientation
The Equal Employment Opportunity Commission has published a new Fact Sheet on LGBT discrimination that employers will find helpful. As I’ve reported before here and here, the agency is taking an aggressive position regarding coverage of LGBT issues under Title VII’s sex discrimination provisions. The EEOC’s fact sheet, as well as other materials linked in it,… Continue Reading

Why the EEOC believes Title VII bans sexual orientation bias

Posted in Discrimination, ENDA, Gender Identity Discrimination, Harassment
The Equal Employment Opportunity Commission filed a “friend of the court” brief in a sexual orientation discrimination appeal, arguing that sexual orientation discrimination is “sex discrimination” prohibited by Title VII. (Thanks to EEOC General Counsel David Lopez for alerting me.) I am a skeptic on this subject. Title VII was enacted in 1964, and legend… Continue Reading

Sex stereotyping, sexual orientation discrimination, and federal law – crazy-mixed-up right now

Posted in Discrimination, ENDA, Harassment
The Employment Non-Discrimination Act is dead again. Is there any federal law on same-sex harassment or discrimination? If so, what is it? Here are some scenarios that may be helpful in picking through this crazy extremely complex and rapidly transitioning area of the law. (Answers are provided after Scenario 6, below.) The American Bar Association… Continue Reading