Tag Archives: LGBT

A Conflicted 7th Circuit Holds Title VII Does Not Cover Sexual Orientation Discrimination

In a precedent-setting decision, the U.S. Court of Appeals for the Seventh Circuit ruled on July 28th that Title VII does not protect against sexual orientation discrimination.  The case is Kimberly Hively v. Ivy Tech Community College, No. 15‐1720 (7th Cir. July 28, 2016). The 7th Circuit upheld a district court’s decision to dismiss a … Continue Reading

EEOC LGBT Cases in the News

Settlement of Sexual Orientation Case – The EEOC and a Maryland employer have settled a landmark sexual orientation discrimination case.  EEOC v. Pallet Companies d/b/a IFCO Systems NA, Inc. was filed in March 2016, and was among one of the earliest EEOC lawsuits against a private employer, alleging discrimination on the basis of sexual orientation.  … Continue Reading

Transgender Rights In the News

Almost every day the news has some new legal development involving the rights of LGBT employees. We already reported on the litigation heating up between North Carolina and the DOJ concerning that state’s now infamous ‘bathroom law’, which the DOJ contends violates Title VII of the Civil Rights Act.  The rulings which come out of that … Continue Reading

Webinar: What is on the EEOC’s Agenda? LGBT Rights in the Workplace

Please join Kelley Drye’s Labor and Employment practice group for a special webinar presentation on May 25th that will explore the shifting, often controversial, and important landscape for employers regarding LGBT rights in the workplace. With the right to same-sex marriage established, the workplace has become the next civil rights frontier. The tide has clearly turned:  … Continue Reading

EEOC Acts Again on LGBT Rights

The EEOC has again taken the reins on LGBT rights by issuing some “Bathroom” guidance, giving employers a further strong indication of where the agency is leaning when it comes to enforcement of LGBT rights in the workplace. In the guidance, the EEOC makes clear again its position that Title VII prohibits discrimination against employees … Continue Reading

Disability Laws and LGBT Rights in the Workplace

Kelley Drye’s Communications and Labor and Employment practice groups are hosting a webinar on labor issues affecting communications and technology companies on April 19, 2016 from 12:00 – 1:00 pm EST. Among the top priorities of Equal Employment Opportunity Commission’s 2016 “Strategic Plan” is enforcement of the alphabet soup of disability laws (the Americans with Disabilities … Continue Reading

Company to Pay $115,000 to Settle Sex Discrimination Suit on Behalf of Transgender Employee

As predicted, the news in the Labor/Employment world continues to center on developments in the area of legal rights for transgender employees.  On January 21, the EEOC announced a $115,000 settlement of a complaint against a company which had been accused of discriminating against a transgender female employee.  According to the EEOC press release, the … Continue Reading

The EEOC continues to recognize sexual orientation discrimination as sex discrimination under Title VII

On January 6, 2016, the EEOC field an amicus brief in Barbara Burrows v. The College of Central Florida arguing, for the first time, that Title VII of the Civil Rights Act of 1964 protects workers against sexual orientation discrimination. The brief begins by acknowledging that the EEOC’s position has evolved over time citing its … Continue Reading

IN FASHION: Kelley Drye Fashion and Retail Law Summit 2016

Gay, lesbian, bisexual and transgender (LGBT) issues are at the forefront of new issues and challenges in the workplace and in employment law.  How should employers adapt?  Partners Barbara Hoey and Mark Konkel will explore the world of new issues, stumbling blocks for employers, and best practices to accommodate the ever more fluid boundaries of … Continue Reading

Join Kelley Drye on November 5 for a CLE Seminar on LGBT Rights in the Workplace

As reported in an editorial by The New York Times over the weekend, New York now is a leader in the area of gender rights.  The state already explicitly prohibited discrimination against employees based on sexual orientation, and now Governor Cuomo has proposed regulations which will amend the State Human Rights Law to include a … Continue Reading

Kelley Drye to Host Complimentary CLE Seminar on LGBT Rights in the Workplace

On November 5, 2015, Kelley Drye will host an afternoon seminar at its New York office, addressing discrimination against LGBT individuals in the workplace. The seminar will be presented by Kelley Drye partners Barbara Hoey and Mark Konkel, joined by partner Anne Clark of Vladeck, Raskin & Clark, P.C, who will provide perspective from the … Continue Reading

Recent Ruling in LGBT Case Another Reminder That Religion Cannot Justify Discrimination

We predicted in blog posts on July 24th and July 7th that we would be seeing more in the way of LGBT litigation. I also recommended that managers be given extra training or reminders that in states where LGBT discrimination is unlawful it will not be tolerated.  Further, managers cannot allow their personal or religious … Continue Reading

The Supreme Court’s Same-Sex Marriage Ruling & Its Employment Implications

Unless you’ve been living under a rock, you probably are well aware that on June 26, 2015, the U.S. Supreme Court ruled that same sex couples have a constitutional right to marry and have their marriages recognized across the country.  Obergefell v. Hodges, 135 S. Ct. 1039 (2015).  This was a landmark ruling for the … Continue Reading

Update on EEOC Transgender Litigation

The Equal Employment Opportunity Commission (“EEOC”) has continued its push for increased focus on LGBT discrimination issues, with two cases in federal courts in Florida and Michigan pushing its position that gender stereotypes violate civil rights afforded under Title VII.  One case, EEOC v. Lakeland Eye Clinic, in which the EEOC alleged the Clinic fired … Continue Reading
LexBlog