Stage is set for SCOTUS to rule on Title VII and sexual orientation

September 17, 2017 0 COMMENTS

by Ryan B. Frazier

Since the civil rights movement of the 1960s, state and federal laws have been enacted to prohibit employment discrimination against individuals on the basis of their race, ethnicity, age, disability, religion, and gender. Until recently, virtually none of those antidiscrimination laws covered employment discrimination based on sexual orientation or gender identity. Over the last decade, as issues related to sexual orientation and gender identity have moved to the forefront of social consciousness, several states and certain federal agencies, including the Equal Employment Opportunity Commission (EEOC), have started to recognize and address employment discrimination in that context.  Supreme Court

Recognition of discrimination based on sexual orientation and gender identity has not been universal. Federal law is not resolved on the issue, and recent federal circuit court rulings have further complicated things. This article focuses on the recent appellate court rulings and how they are changing the employment discrimination landscape under federal law.

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EEOC issues bathroom guidelines for transgender employees

July 17, 2016 0 COMMENTS

Employers may be liable for transgender discrimination

June 14, 2015 1 COMMENTS

by Ryan B. Frazier

The legal landscape related to sexual orientation and gender identity has been shifting in recent years. The impact of same-sex marriage on employers and other topics involving homosexual employees and their partners have been featured in previous issues of this newsletter. Recent lawsuits and statements by key governmental officials have now placed transgender/gender identity discrimination and other issues at the forefront. Transgender

There is no universally accepted definition of “transgender.” The term usually refers to an individual whose gender identity does not match his or her biological gender. Transgender is sometimes confused with sexual orientation, but gender identity is an independent issue. Further, some transgender people may undergo medical procedures to physically align their gender to their gender identity. As this article illustrates, employers need to keep an eye on this rapidly changing area of the law.

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