Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: LGBT Discrimination

Title VII does not ban gender identity discrimination, DOJ says

Posted in Discrimination, Gender Identity Discrimination, Politics, Sexual Orientation
Asserting that the U.S. Department of Justice “must interpret Title VII as written by Congress,” the DOJ is reversing the Obama-era interpretation of Title VII, taking the position that Title VII does not prohibit discrimination based on gender identity. In a memorandum issued this week by Attorney General Jeff Sessions, the DOJ formally withdrew a 2014… Continue Reading

Trump’s EEOC nominations are rocking along – and here’s what we can expect

Posted in Americans with Disabilities Act, Discrimination, Equal Pay, Gender Identity Discrimination, Genetic Information Non-Discrimination Act, GINA, Labor Relations, Politics, Sexual Orientation
With President Trump in office for nine months now, it is hard to believe that none of his people are yet on the Equal Employment Opportunity Commission. The four current Commissioners, including the Acting Chair, Republican Victoria Lipnic, and former Chair Jenny Yang, were all appointed by President Obama. But that may change soon. The Senate… Continue Reading

You decide: Why the DOJ says Title VII does NOT prohibit sexual orientation bias

Posted in Discrimination, ENDA, Sexual Orientation
Last week, I had a short post about the position taken by the U.S. Department of Justice in the Zarda v. Altitude Express “gay skydiver” case. The DOJ has directly opposed the Equal Employment Opportunity Commission, which had also filed a brief in the case. The EEOC says that sexual orientation discrimination is prohibited by Title VII.… Continue Reading

“Free to Be . . . You and Me”: The 11th Circuit’s strange LGBT decision

Posted in Discrimination, Sexual Orientation
This latest decision from the U.S. Court of Appeals for the Eleventh Circuit on sexual orientation discrimination is weird. A panel of the court found 2-1 in Evans v. Georgia Regional Hospital that the plaintiff did not have a valid Title VII claim against her employer for sexual orientation discrimination. Whether you agree with it or not,… Continue Reading

President Obama’s labor and employment legacy

Posted in Affirmative Action, Discrimination, Elections, Equal Pay, Gender Identity Discrimination, HR, Labor Relations, Politics, Protected Concerted Activity, Same-sex marriage, Sexual Orientation, Social media, Wage-Hour
NOTE FROM ROBIN: A portion of Jill’s remarks below appeared Tuesday morning in Law360 (paid subscription required). Notwithstanding what might happen over the next four (or eight) years, there is no question that President Barack Obama has left his mark on labor and employment law in some very important ways. Even if President-Elect Trump’s administration… Continue Reading

Will President-Elect Trump take some pressure off federal contractors?

Posted in Affirmative Action
For the past eight years, as President Obama was unable to push much of his legislative agenda through Congress, federal contractors have faced an onslaught of increasing regulatory burdens and an aggressive enforcement agency. Will the positions of the Office of Federal Contract Compliance Programs soften under a Trump Administration? Here are my predictions. Fair… Continue Reading