Gender Transitions in the Workplace

Employer obligations to employees that are considering and undergoing gender transition surgery are unclear. No federal employment law explicitly prohibits discrimination against transgender employees, but, some courts, including the Eleventh Circuit, have interpreted Title VII to prohibit such discrimination. See E.E.O.C. v. R.G. & G.R. Harris Funeral Homes, Inc. 884 F.3d 560 (6th Cir. 2018); […]

Kennedy Ends ‘Masterpiece’ With LGBT Rights Legacy Intact

Law360, Washington (June 5, 2018, 10:59 PM EDT) — The case of a baker who refused custom cake orders for same-sex weddings on religious grounds was perhaps the biggest test yet of Justice Anthony Kennedy‘s robust LGBT rights legacy, but after the dust settled on Monday’s ruling in favor of the baker, that record remained […]

Missed our Sexual Harassment Workshop? Get the Materials Here!

On March 6, 2018, ELS presented Sexual Harassment: What the Media is NOT Telling You. The workshop discussed “unpopular” issues in sexual harassment law. Topics included sexual harassment basics and less discussed issues in sexual harassment  law, including same-sex harassment, female harassers, false claims, and consensual office romance that becomes harassment. ELS can equip your organization the tools needed to […]

EEOC’s Year-End Surge Shows Focus On Disability Cases

Law360, New York (October 20, 2017, 8:22 PM EDT) — The U.S. Equal Employment Opportunity Commission recently closed out its fiscal year with a bang, filing a wave of lawsuits against companies like Lowe’s and Whole Foods that placed a strong emphasis on disability discrimination, and settling existing cases against convenience store giant Allsup’s and […]

Nominees to EEOC Likely to Roll Back Litigation and LGBT Coverage

Two possible EEOC  nominees, if confirmed, are likely to pull back EEOC aggressiveness in litigation and interpretation of Title VII’s coverage of LGBT employment discrimination.  Read more here: Law360-EEOC Noms Stress Negotiation, Guidance At Senate Hearing  

LGBT Protections in the Workplace

On Tuesday, April 4th, 2017, the 7th Circuit Court of Appeals held that workplace discrimination based on sexual orientation violates Title VII of the 1964 Civil Rights Act.[1] According to the complaint, Kimberly Hively, an openly lesbian, part-time, adjunct professor at Ivy Tech Community College, applied for a full-time position at least six times over […]