Working for Justice

Tag: LGBTQ Discrimination

LGBTQ Rights in the Balance: Equality Act Still Needed in the Wake of Bostock

Bostock v. Clayton County, Georgia has rightly been heralded as a true milestone for LGBTQ rights, including by my colleague Alok Nadig, who describes the decision here. Bostock brings LGBT Americans into the fold of Title VII’s protections against discrimination “because of sex” and has important ramifications with regard to other federal laws adopting similarly-worded […]

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Bostock v. Clayton County, Georgia: Four Other Takeaways for Discrimination Victims

Posted June 17th, 2020 by in Employment Discrimination.

The Supreme Court’s opinion released earlier this week in Bostock v. Clayton County, Georgia represents an outstanding milestone in the LGBTQ civil rights movement, and numerous posts and articles rightly celebrate this, including this one by my colleague Alok Nadig. The opinion also reminds us of several concepts that can benefit all victims of unlawful […]

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Supreme Court Rules Employment Discrimination Based on Sexual Orientation and Gender Identity Illegal in All Fifty States

Posted June 16th, 2020 by in Employment Discrimination.

Yesterday, in its long-anticipated decision in Bostock v. Clayton County, Georgia, the U.S. Supreme Court squarely held that discrimination against gay and transgender employees in the workplace is illegal under federal law.  The case arose from the terminations of three brave plaintiffs from their places of employment: Gerald Bostock, who was fired from his job […]

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Five Reasons to Celebrate the Virginia Values Act

Posted May 14th, 2020 by in Employment Discrimination.

A new Virginia law expands anti-discrimination protections for employees in the state and gives employees and civil rights advocates many reasons to celebrate.  Here are five. 1. Virginia employees are explicitly protected from discrimination on the basis of sexual orientation and sexual identity. When the law goes into effect on July 1, 2020, there will […]

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Groundbreaking cases in the Seventh Circuit may have far-reaching effects for LGBTQ employees

For the second time in just two months, the Chicago-based U.S. Court of Appeals for the Seventh Circuit has issued a ground-breaking ruling that will have an enormous impact on countless gender discrimination cases involving LGBTQ people. In April, the Seventh Circuit overturned itself and broke ranks with its sister by holding that employment discrimination […]

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Because of Sex – Does Title VII Prohibit Harassment based on Sexual Orientation?

Title VII of the Civil Rights Act of 1964 makes it illegal for an employer to discriminate against an employee “because of such individual’s race, color, religion, sex, or national origin.” When an employer discriminates against an employee because of his or her gender, there is, therefore, no question that Title VII makes that conduct […]

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Will the State Senate Protect all New Yorkers from Discrimination?

Posted June 2nd, 2016 by in Employment Discrimination.

Early last month, amid the ongoing controversy sparked by North Carolina’s anti-transgender legislation, the New York State Assembly passed the Gender Expression Nondiscrimination Act (GENDA). The Act aims to protect New Yorkers from discrimination in housing, education, and employment based on their gender identity or expression. Presently, both New York and Federal law lack such […]

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Religious Groups Support Same-Sex Marriage As a Lesbian Rabbi Shatters a Glass Ceiling

Posted March 31st, 2015 by in Employment Discrimination.

As the Supreme Court prepares to address the constitutionality of same-sex marriage bans, the acceptance of gay marriage continues to blossom across the religious spectrum. Most notably, earlier this month the Presbyterian Church USA — the largest Presbyterian denomination in the U.S., with some 1.8 million members —adopted a definition of marriage that is more […]

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Would You Rather Work or Marry?

Posted March 12th, 2015 by in Employment Discrimination.

The issue of same-sex marriage is once again before the United States Supreme Court. Last time the Court addressed this topic, the Court rightly invalidated Section 3 of the Defense of Marriage Act, which restricted the federal definition of marriage to a marriage between a man and a woman. This time around, the Court will […]

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Sacking Saks: It’s Time to End Employment Discrimination Against Transgender People

Posted January 13th, 2015 by in Employment Discrimination.

Transgender issues have been front and center this past week. At Sunday’s Golden Globes awards ceremony, the innovative online show Transparent took home two awards, one for Best TV Series – Musical or Comedy and one for Best Actor in a Comedy Series. Both acceptance speeches were personal and moving, with the show’s creator, Jill […]

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Distinction or Discrimination?

Posted November 14th, 2014 by in Employment Discrimination.

When I was a senior in high school, I wrote a submission for the Ohio Bar Association’s There Ought to Be a Law Contest (nerd, guilty as charged).  I advocated civil unions for same-sex couples.  I presented the essay at a conference organized by my school, only to have a student visiting from another school […]

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“America’s Highest-Paid Female CEO Used to be a Man:” Martine Rothblatt and Gender Nonconformity in the Workplace

The current New York Magazine cover story – “The Trans-Everything CEO” – profiles Martine Rothblatt, the highest paid female CEO in America. It paints a fascinating picture worthy of its “futurist, pharma tycoon, satellite entrepreneur, philosopher” subject. There are a million interesting things about the 59-year-old Rothblatt: the three companies she founded (Geostar, Sirius Satellite […]

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Executive Assistance for LGBT Employees Is Not Without Its Drawbacks

Posted August 19th, 2014 by in Employment Discrimination.

Last month, President Obama signed an Executive Order barring federal contractors from discriminating against employees on the basis of sexual orientation or gender identity. The Order simply adds sexual orientation and gender identity to a list of characteristics—race, color, religion, sex, and national origin—already protected under an Executive Order signed by President Lyndon B. Johnson, […]

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50 Years of LGBT Rights Under Title VII

Posted July 2nd, 2014 by in Race Discrimination.

“Gay people are the new barometer for social change.” ~ Bayard Rustin On June 20, 2014, the Equal Employment Opportunity Commission (EEOC) hosted Pride at 50: The Civil Rights Act of 1964. Almost 100 people from all walks of life attended the program.  It was truly an inspiring event to participate in. Malihe Kigasari, a […]

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