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The Supreme Court’s Ruling in Masterpiece Cakeshop: A Masterpiece on Dodging Key Constitutional Issues

On June 4, 2018, the Supreme Court issued its decision in Masterpiece Cakeshop, Ltd. and Jack C. Phillips v. Colorado Civil Rights Commission. In a 7-2 opinion authored by Justice Anthony Kennedy, the Court held that the...more

Another Federal Appeals Court Finds Title VII Prohibits Sexual Orientation Discrimination

On February 26, 2018, a majority of the entire U.S. Court of Appeals for the Second Circuit held, in Zarda v. Altitude Express Inc., that Title VII prohibits workplace discrimination on the basis of sexual orientation. With...more

Is Sexual Orientation Protected Under Title VII? The DOJ Weighs In

Last week, on Wednesday July 26, 2017, the United States Department of Justice (DOJ) filed an amicus brief in a Second Circuit case taking the position that Title VII does not protect employees against sexual orientation...more

Department of Education Rethinking Campus Guidance on Sexual Assault

Higher education institutions may soon be asked to reconsider how they comply with Title IX obligations when a student or employee files a sexual assault complaint. The U.S. Department of Education (DOE) recently indicated it...more

Seventh Circuit Holds Title VII Protections Extend to Sexual Orientation Discrimination

On April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit held in Hively v. Ivy Tech Community College of Indiana that discrimination on the basis of sexual orientation is a form of sex discrimination under Title...more

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