As we’ve been reporting in our blogs, the EEOC continues to pursue an expansive theory of discrimination. It has taken the position that discrimination on the basis of sexual orientation and gender identity is prohibited...more
In a closely observed federalism battle over the scope of ERISA preemption, the Supreme Court came down on the side of Federal power. Specifically, in Gobeille v. Liberty Mutual Insurance Company, the Court, in a 6-2 ruling,...more
A Judge in the Northern District of Illinois has found that the protections of Title VII of the Civil Rights Act of 1964 do not extend to cases of discrimination on the basis of sexual orientation.
This ruling is in...more
It’s a common fact pattern. A plan participant is injured and received benefits for treatment of his injuries. The participant then sues a third party for damages based on his injuries. The plan then seeks to recover a...more
In the months since the EEOC’s landmark ruling in Baldwin v Foxx, the looming question has been: Would federal courts adopt the Commission’s position that claims of sexual orientation discrimination were cognizable under...more
Does filling out a form burden religious beliefs? We’re about to find out. On November 6, the Supreme Court agreed to review a group of seven cases (led by No. 14-1418, Zubik v. Burwell) brought by religious non-profit...more
Are Federal Courts ready to recognize that Title VII’s anti-discrimination prohibition extends to claims of sexual orientation?
This question will be decided when the Seventh Circuit issues a ruling in Kimberly Hively v....more
The Obama administration continues to use its executive authority to expand societal inclusion of transgender individuals. On September 3, the Department of Health and Human Services issued proposed rules under Section 1557...more
9/16/2015
/ Affordable Care Act ,
Burwell v Hobby Lobby ,
Department of Health and Human Services (HHS) ,
Employer Group Health Plans ,
Gender Discrimination ,
Health Insurance ,
Healthcare ,
Hobby Lobby ,
LGBTQ ,
Obama Administration ,
Public Health Insurance Marketplace ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Transgender
In a landmark ruling on July 15, 2015 in _____ [name of charging party kept secret] v. Foxx, EEOC Appeal No. 2012-24738–FAA-03 (July 15, 2015), the U.S. Equal Employment Opportunity Commission (“EEOC’) held for the first time...more
In another federal action that employers need take note of, last week the U.S. Securities Exchange Commission (SEC) issued its “Commission Guidance Regarding the Definition of the Terms ‘Spouse’ and ‘Marriage’ Following the...more
In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question:
Counsel, I’m not sure it’s necessary to get into sexual orientation to resolve the...more
In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question:
Counsel, I’m, I’m not sure it’s necessary to get into sexual orientation to resolve...more
5/7/2015
/ Benefit Plan Sponsors ,
Discrimination ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fourteenth Amendment ,
LGBTQ ,
Oral Argument ,
Popular ,
Same-Sex Marriage ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII
Background -
Today, the U.S. Supreme Court heard oral argument on two questions regarding the Constitutionality of state laws limiting marriage to opposite-sex couples. In 2013, the Supreme Court side-stepped the issue...more
4/28/2015
/ Anti-Discrimination Policies ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Hollingsworth v Perry ,
LGBTQ ,
Marriage Equality ,
Same-Sex Marriage ,
Same-Sex Marriage Bans ,
SCOTUS ,
Title VII ,
US v Windsor