Law and the Workplace

Tag Archives: sexual orientation

U.S. Supreme Court Holds That Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity

By Steven Hurd, Arielle E. Kobetz and Alex Downie on Posted in Discrimination, Harassment and Retaliation
In a 6-3 decision authored by Justice Gorsuch on June 15, 2020, the United States Supreme Court held that Title VII’s prohibition on discrimination “because of…sex” includes discrimination on the basis of sexual orientation and gender identity. Bostock v. Clayton County, No. 17-1618 (590 U.S. ___ (2020). In doing so, the Court made clear that … Continue Reading

SCOTUS to Decide Whether Title VII Protects Sexual Orientation and Gender Identity

By Evandro Gigante, Arielle E. Kobetz and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation
On April 22, 2019, the Supreme Court granted certiorari in three cases that raise the question of whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity.  In two of the cases, Altitude Express v. Zarda and Bostock v. Clayton County, Georgia, the Court will consider whether Title VII’s prohibition on … Continue Reading

Second Circuit Rules Sexual Orientation Discrimination Is Prohibited Under Title VII

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
Second Circuit sealIn an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit has become the latest federal appeals court to hold that discrimination on the basis of sexual orientation is prohibited sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Background The case involved Donald Zarda, a gay … Continue Reading

Seventh Circuit Becomes First Federal Court of Appeals to Hold That Sexual Orientation Discrimination Is Prohibited Under Title VII

By Evandro Gigante, Laura Fant and Dana N. Berber on Posted in Discrimination, Harassment and Retaliation
In an 8-3 en banc decision in Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit has held that discrimination based on sexual orientation is a form of sex discrimination under Title VII.  In so holding, the Seventh Circuit has become the first federal appellate court to extend the protections of Title VII … Continue Reading

Second Circuit Addresses Title VII Sexual Orientation Claims And Leaves Door Ajar For Sex Stereotyping Claims

By Evandro Gigante, Laura Fant and Brett Schwab on Posted in Discrimination, Harassment and Retaliation
Second Circuit sealIn a three-member panel decision in Christiansen v. Omnicom Group, Inc., the Second Circuit revived a homosexual employee’s claims under Title VII on the theory of sex discrimination based on sex stereotyping, but stopped short of reconsidering prior Circuit precedent holding that Title VII does not expressly prohibit discrimination on the basis of sexual orientation. … Continue Reading
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