Tag Archives: Sexual Orientation

Even If Sexual Orientation And Gender Identity Are Not Covered By Title VII -- Very Much an Open Question -- LGBTQ Employees May Find a Way to Sue You

LGBTQ
Some pretty horrifying facts about workplace conduct at the Providence, R.I., Fire Department involving co-workers: calling a female lieutenant firefighter “bitch” “c—t,” “lesbian lover,” and “lesbo”; telling her, “I don’t normally like to work with women, but, you know, we like the same thing, so I think we’re going to get along”; spitting on and … Continue reading this entry

Discrimination Based on Sexual Orientation -- The Wave Grows

Back in March we explored the question, “So – Are LGBTQ Rights Protected Under Federal Employment Law or Not?” In that article, which unpacked a recent federal court decision on LGBTQ workplace protections, we concluded that “it depends.”  While the issue is far from settled and the answer still remains “it depends,” two additional federal … Continue reading this entry

EEOC Orientation-Bias Guidance Stirs Controversy among Commentators

EEOC
The public comment period for the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed workplace harassment guidance closed last week. The EEOC’s broad definition of sexual orientation bias drew attention from practitioners and advocacy groups alike. Amidst the uncertain legal landscape surrounding harassment based on sex, the EEOC’s proposed guidance takes a progressive stance on the … Continue reading this entry

So – Are LGBTQ Rights Protected Under Federal Employment Law or Not?

LGBTQ
The most accurate answer to this question is, “it depends.” On March 10, 2017, the Eleventh Circuit Court of Appeals (covering Alabama, Georgia, and Florida) weighed in on LGBTQ protections – but the decision is not as clear as some of the headlines make it seem. For instance, some reports proclaimed that the court ruled … Continue reading this entry

Seventh Circuit Could Up-End Approach to Sexual Orientation Discrimination

EEOC Developments
On November 30, 2016, all of the judges of the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin) reheard a case that could change the way federal courts treat sexual orientation-based discrimination claims. As is typical for the federal appeals courts, the case (Hivey v. Ivy Tech Community College) had already been decided … Continue reading this entry