Employment law

Back to the future with Title VII?

April 21, 2013

The idea of a national law prohibiting job discrimination based on sexual orientation is so old that it could have grandchildren by now.  (Maybe that’s how to think of the marriage campaign – equality demands skipped a generation.) At any rate, there continues to be no immediate future for enactment of such a law in […]

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5th Circuit en banc to consider gender stereotyping

April 8, 2013

The Fifth Circuit has granted rehearing en banc (2013 WL 1276022) in EEOC v. Boh Brothers, 689 F.3d 458 (5th Cir. 2012), in which a panel of that court had overruled a jury verdict for a male plaintiff who alleged sexual harassment based on gender nonconformity in violation of Title VII. The panel found that the […]

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Obama 2.0: LGBT issues in the second term

November 13, 2012

  Tomorrow night (details here), I’m going to be on a panel with Gary Gates, Chad Griffin and Patrick Guerrero sponsored by the Williams Institute, discussing the impact of the election on lgbt rights. At the federal level, I see four clusters of issues as the most important questions likely to arise while Obama remains […]

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June 19, 2012

From a June 18 letter from EEOC Chair Jacqueline Berrien to all EEOC staff referencing EEOC achievements in lgbt rights: In April of this year, the Commission issued an important federal sector decision, Macy v.Department of Justice, EEOC Appeal No. 012012021 (April 20, 2012), which “clarifie[d] that claims of discrimination based on trans gender status, also […]

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EEOC rules that Title VII covers gender identity discrimination

April 23, 2012

The EEOC has issued a decision holding that it will consider gender identity discrimination to be a form of sex discrimination prohibited by Title VII. The ruling comes in Macy v. Holder, a case brought by a transwoman against an agency within the Department of Justice. The EEOC decision cites precedent established in a series of federal court decisions that […]

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Updates from the end of 2011

January 1, 2012

Here's what we've missed from the last two weeks:  It's a Navy tradition that when a ship returns to home port, there is a lottery to pick the sailor who gets to be the first to kiss a loved one. Petty Officer 2d Class Marissa Gaeta won the prize on December 22, and when her […]

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