News & Analysis as of

Sexual Orientation Discrimination Appeals Employer Liability Issues

Fisher Phillips

Appeals Court Hands Victory to Transgender Employee Seeking Health Benefits: Key Takeaways and 3 Steps Employers Can Take Now

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A federal appeals court recently held that an employer’s health insurance plan wrongly excluded coverage for gender-affirming care in violation of federal civil rights law – offering a warning to employers across the country...more

Bodman

Sixth Circuit Rejects Plaintiff’s Claim of “Hyper-Scrutiny” as Evidence of Discrimination

Bodman on

In Boshaw v. Midland Brewing Company, Midland Brewing’s former restaurant operations manager, Boshaw, claimed he was terminated because of his “sexuality” in violation of Title VII and Michigan’s Elliott Larsen Civil Rights...more

Laner Muchin, Ltd.

Illinois Appellate Court Affirms the Rights of Transgender Employees in the Workplace

Laner Muchin, Ltd. on

The Illinois Appellate Court (Second District) recently issued an opinion deciding an issue of first impression here in Illinois: whether an employer violates the Illinois Human Rights Act (Act) by denying a transgender woman...more

Butler Snow LLP

Fifth Circuit Court of Appeals Requires Transgender Plaintiffs to Identify Comparators to Establish Title VII Discrimination

Butler Snow LLP on

This recent decision from the Fifth Circuit Court of Appeals confirms that plaintiffs claiming discrimination based on transgender status are subject to the same pleading and evidentiary requirements as other discrimination...more

Payne & Fears

Key California Employment Law Cases: June 2020

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Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary:  Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more

Payne & Fears

Key California Employment Law Cases: January 2020

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Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more

Miles & Stockbridge P.C.

Has the Fourth Circuit Set the Stage for LGBTQ Protections Under Title VII?

The Fourth Circuit’s recent decision in Evangeline Parker v. Reema Consulting Services, Incorporated, 915 F.3d 297 (4th Cir. 2019) grabbed headlines for its controversial ruling that workplace gossip can support a sex...more

Butler Snow LLP

Fifth Circuit Court of Appeals Reaffirms that Title VII Does Not Prohibit Discrimination Based on Sexual Orientation

Butler Snow LLP on

Like most jurisdictions, the Fifth Circuit Court of Appeals (which oversees federal courts in Mississippi, Louisiana, and Texas) has construed Title VII of the Civil Rights Act of 1964 so as not to provide employment...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Parker Poe Adams & Bernstein LLP

Appeal of Second Circuit Decision Sets Table for Supreme Court Review of Sexual Orientation Protections

As anticipated, the losing employer in the Second Circuit Court of Appeals’ Zarda v. Altitude Express decision has filed a petition for certiorari with the U.S. Supreme Court. If accepted by the court, this case could...more

Sheppard Mullin Richter & Hampton LLP

Sex + Discrimination = Liability, Says First Circuit

In Franchina v. City of Providence, 2018 WL 550511, 2018 U.S. App. LEXIS 1919 (1st Cir., Jan. 25, 2018), the First Circuit offered no sympathy to the City in its appeal of a jury award that found the City’s fire department...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges...more

Fisher Phillips

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

Fisher Phillips

Another Landmark Ruling: Court Says Transgender Discrimination Violates Federal Anti-Bias Law - Three Things You Need To Know...

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In what appears to be the first time a federal appeals court has extended the nation’s main federal employment discrimination statute to cover transgender and transitioning employees, the 6th Circuit Court of Appeals...more

Parker Poe Adams & Bernstein LLP

Second Circuit Says Title VII Prohibits Sexual Orientation Discrimination

In a major decision, the full Second Circuit Court of Appeals became the second federal appellate circuit to conclude that Title VII’s prohibitions against sex discrimination also apply to discrimination and harassment claims...more

Benesch

Title VII Prohibits Employment Discrimination Based on Sexual Orientation – So Says the 2nd Circuit

Benesch on

On February 26, 2018, the full Second Circuit Court of Appeals held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on an employee’s “sexual orientation.” This decision, Zarda v. Altitude...more

Eversheds Sutherland (US) LLP

Circuit split grows - Second Circuit expands protection under Title VII based on sexual orientation

On February 26, 2018, the US Court of Appeals for the Second Circuit became the second federal circuit to hold that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits sexual orientation discrimination. In...more

Genova Burns LLC

Second Circuit Issues Landmark Decision that Title VII Prohibits Sexual Orientation Discrimination

Genova Burns LLC on

Overruling its own precedent, the United States Court of Appeals for the Second Circuit became the second federal appeals court to hold that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination on the...more

FordHarrison

Second Circuit Finds Title VII Prohibits Discrimination Based on Sexual Orientation

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Executive Summary: Overruling prior circuit precedent, the full U.S. Court of Appeals for the Second Circuit held yesterday that sexual orientation discrimination is a subset of sex discrimination under Title VII. ...more

Fisher Phillips

Title VII Evolution Continues: Another Appeals Court Finds Sexual Orientation Discrimination Actionable

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Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent...more

Stinson LLP

Court Affirms that Missouri Human Rights Act Prohibits Sex Stereotypes in the Workplace

Stinson LLP on

On October 24, 2017, the Court of Appeals for the Western District of Missouri issued an opinion affirming that sex stereotyping is a form of gender discrimination that is actionable under the Missouri Human Rights Act...more

Littler

Missouri Appellate Court’s Holding That Sex Discrimination May Be Based on Sex Stereotyping Offers Some Protections for LGBT...

Littler on

In Lampley, et al. v. Missouri Commission on Human Rights, the Missouri Court of Appeals held that sex stereotyping can form the basis of a sex discrimination claim when the complaining party is gay, but should not be...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Eleventh Circuit Declines to Reconsider Sexual Orientation Discrimination Decision; Plaintiff Will Appeal to U.S....

In April, we reported that a three-judge panel of the Eleventh Circuit held that sexual orientation discrimination is not prohibited under Title VII of the Civil Rights Act of 1964 in Evans v. Georgia Regional Hospital, et....more

Baker Donelson

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

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Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more

Rumberger | Kirk

Eleventh Circuit Rules that Title VII Does Not Prohibit Sexual Orientation Discrimination

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On March 10, 2017, a three-judge panel of the U.S. Eleventh Circuit Court of Appeals held in Evans v. Georgia Regional Hospital that Title VII does not prohibit discrimination on the basis of sexual orientation. Accordingly,...more

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