Earlier today, the U.S. Supreme Court held that discrimination based on sexual orientation or transgender status is sex discrimination in violation of Title VII of the Civil Rights Act of 1964. The Court’s opinion in Bostock v. Clayton County, Georgia resolves a circuit split and makes adverse employment actions against gay, lesbian, or transgender people illegal across the nation.

Continue Reading Supreme Court: Title VII Prohibits Discrimination Based on Sexual Orientation, Transgender Status

In the midst of a legal, political and cultural landscape expanding the rights of LGBT individuals, the Seventh Circuit U.S. Court of Appeals has held to prior precedent in reaffirming that Title VII does not prohibit sexual orientation discrimination. Kimberly Hively v. Ivy Tech Community College, __ S.Ct. __, No. 15-720 (July 28, 2016).  According to the court, though “the writing is on the wall” that sexual orientation discrimination should not be tolerated, because the writing is not in a Supreme Court opinion or Title VII, the court’s hands are tied.
Continue Reading Seventh Circuit: Title VII Offers No Protection Against Sexual Orientation Discrimination

While much of the recent focus in the LGBT rights arena has been on same-sex marriage—especially in light of the Supreme Court’s ruling in Obergefell—employers should keep a close eye on the growing protections being afforded LGBT employees.

To those who argue that LGBT employees are not protected by Title VII on the basis of sexual orientation or gender identity, the Equal Employment Opportunity Commission (EEOC) has a simple, monosyllabic response: Sex.
Continue Reading Let’s Talk About “Sex”: Workplace Protections for LGBT Employees under Title VII