Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: LGBT

The Deep Dive: A closer look at the Seventh Circuit’s sexual orientation decision

Posted in Discrimination, Sexual Orientation
As we reported early this morning, the full U.S. Court of Appeals for the Seventh Circuit decided in Hively v. Ivy Tech Community College of Indiana that the prohibition in Title VII against discrimination based on “sex” encompasses discrimination based on sexual orientation. It is the first federal appellate court to do so, although recent… Continue Reading

BREAKING: Title VII bans sexual orientation bias, court finds

Posted in Discrimination, Sexual Orientation
The full U.S. Court of Appeals for the Seventh Circuit ruled yesterday that sexual orientation discrimination is indeed prohibited “sex discrimination” within the meaning of Title VII. The decision was issued in the case of Hively v. Ivy Tech Community College of Indiana. A three-judge panel of the Seventh Circuit had found last year that… 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

Fair Pay & Safe Workplaces Rule is on the chopping block

Posted in Affirmative Action, Elections, Gender Identity Discrimination, Politics, Sexual Orientation
In good news for federal contractors, Congress has taken its first step toward permanently blocking implementation of the Fair Pay & Safe Workplaces Rule, also known as the contractor “Blacklisting” Rule.  As we have discussed previously, the Rule (which includes regulations and guidance implementing President Obama’s Executive Order 13673) requires federal contractors bidding on contracts worth… Continue Reading

Daily Trumpdate: Must-see TV, LGBT protections here to stay, ICE to harden?, best way to less regulation

Posted in Elections, Gender Identity Discrimination, Immigration, Politics, Sexual Orientation
Must-see TV! President Trump said last night that he would be announcing at 8 p.m. EST tonight his nominee for the U.S. Supreme Court vacancy that was created by the death of Justice Antonin Scalia. You have to hand it to the President for scheduling the announcement for prime time, when everyone can watch. Although I think… 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

Nitpicking the EEOC’s proposed guidance on harassment

Posted in Discrimination, Gender Identity Discrimination, Harassment, Sexual Orientation
This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It’s 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from the public until February 9, so I will start with the comment-worthy provisions. Next week, I’ll post about… Continue Reading

Employment and labor law developments (and a few other things) I’m thankful for

Posted in Affirmative Action, Discrimination, Elections, FOCUS, Gender Identity Discrimination, Labor Relations, Public Sector Employment, Settlements, Sexual Orientation
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor’s new rule governing white-collar exemptions under the Fair Labor Standards Act was struck… Continue Reading

Oh, wait a minute — sexual orientation bias DOES violate Title VII?

Posted in Gender Identity Discrimination, Harassment, Sexual Orientation
Feeling whipsawed? Last summer, I reported on the Hively v. Ivy Tech decision, in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that discrimination based on sexual orientation is not “sex discrimination” or unlawful sex stereotyping that violates Title VII. That decision has since been vacated, and the case will… 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

“It’s going to be beautiful, believe me”: Trump on labor & employment law issues

Posted in Discrimination, Elections, Gender Identity Discrimination, Labor Relations, Pregnancy, Sexual Orientation, Uncategorized, Wage-Hour
Congratulations to President-Elect Donald J. Trump, and to everyone who was elected or reelected to office yesterday. With a President Trump and Republican majorities in both houses of Congress, employers may see some changes in the form of less aggressive regulatory agencies, a National Labor Relations Board that is more employer-friendly, and some relatively conservative… Continue Reading

ConstangyTV is on the air!

Posted in Affirmative Action, Constangy News, ConstangyTV, Discrimination, Equal Pay, Gender Identity Discrimination, Pregnancy, Sexual Orientation
I am delighted to announce the launch of ConstangyTV’s Close-Up on Workplace Law, a new video series on labor and employment law issues. We’ll be offering these videos on a monthly basis, in addition to our newsletters and blog posts. Our debut is about the evolving definition of sex discrimination under federal law. Host Leigh Tyson, a… Continue Reading

EEOC appeals loss in Detroit transgender case

Posted in Discrimination, Gender Identity Discrimination
As we knew it would, the Equal Employment Opportunity Commission has appealed the decision of Judge Sean Cox, who granted summary judgment to a Detroit-area funeral home chain in a transgender discrimination case. Here is my analysis of Judge Cox’s decision. The case will go to the U.S. Court of Appeals for the Sixth Circuit, which hears… Continue Reading

Court sets aside Title VII sexual orientation decision, agrees to rehear

Posted in Discrimination, Gender Identity Discrimination, Sexual Orientation
The full U.S. Court of Appeals for the Seventh Circuit has vacated Hively v. Ivy Tech Community College, which found that Title VII did not protect against sexual orientation discrimination. I wrote about the decision, issued by a three-judge panel of the Seventh Circuit, in August. The court will rehear the case with all of the… Continue Reading

Restroom use “catch 22” for transgender individuals violates Title VII, court says

Posted in Discrimination, Gender Identity Discrimination, Settlements
Roberts v. Clark County (NV) School District involved a female-to-male transgender police officer. Although the School District later changed its policy, when Bradley Roberts first told the District in 2011 that he was presenting as a male, he was told that he could not use the men’s room until he submitted proof of gender reassignment surgery.… Continue Reading

Hillary, or The Donald: A voting guide for employers

Posted in Benefits, Class actions, Discrimination, Equal Pay, Family and Medical Leave Act, Independent Contractor, Labor Relations, Lactation, Pregnancy, Sexual Orientation, Wage-Hour
As our regular readers know, Employment & Labor Insider is a non-partisan blog. But with the first Presidential debate coming on Monday night, I thought it would be helpful to look at the two major presidential candidates and their positions on issues of interest to employers. The following comes from each of the candidates’ websites, supplemented… Continue Reading

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

Notes from the Industry Liaison Group National Conference

Posted in Affirmative Action, Discrimination, Equal Pay, Gender Identity Discrimination, Harassment, Sexual Orientation
The 2016 Industry Liaison Group National Conference was held last week in Charlotte, North Carolina. Sylvia Smith, an Affirmative Action Specialist from our firm’s Atlanta Office, and I had the pleasure and privilege of attending and presenting this year. The headliners, as usual, were Patricia Shiu, Director of the Office of Federal Contract Compliance Programs, and… Continue Reading

EEOC sexual orientation lawsuit settles for $200K plus

Posted in Discrimination, Harassment, Sexual Orientation
As I’ve previously reported, the Equal Employment Opportunity Commission has filed two lawsuits alleging that employers discriminated against employees based on sexual orientation, which the Commission says is prohibited by Title VII. One of the lawsuits, filed against Pallet Companies/IFCO Systems, settled this week for $202,200. The former employee will receive $182,200, and the remainder… Continue Reading

BREAKING: North Carolina sues USDOJ over bathroom law

Posted in Discrimination, Gender Identity Discrimination
Law360 reported this morning that the State of North Carolina has filed suit against the U.S. Department of Justice in federal court in Raleigh. The suit seeks a declaratory judgment (official ruling from the court) that, by enforcing HB 2’s provisions regarding “bathroom use and changing facility use by state employees,” the state is not in violation of Title… 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

North Carolina’s HB 2: The final analysis

Posted in Discrimination, Employment at Will, Gender Identity Discrimination, Lawyers!, Sexual Orientation
This will be my last “analysis” post on the wrongful discharge provisions of North Carolina’s HB 2. (I know you are heartbroken!) I’ll continue to post on breaking HB 2-related news as it develops. Several commenters disagreed with my contention that Charlotte’s human rights ordinance, which was amended to include LGBT rights and then nullified by… Continue Reading