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Article Index » sex discrimination » sexual orientation
Report Link New Challenge to the Federal Defense of Marriage Act.
Ford & Harrison LLP - October 06, 2009
On September 15, 2009, a bill (H.R. 3567, entitled the "Respect for Marriage Act of 2009") was introduced in the U.S. House of Representatives to repeal the federal Defense of Marriage Act (DOMA) and to "ensure respect for State regulation of marriage."
Report Link Federal Appeals Court Allows Homosexual Employee's Title VII Gender Stereotyping Case to Proceed.
Jackson Lewis LLP - October 01, 2009
In a decision that can make it easier for homosexual employees to sue their employers for discrimination, the federal appeals court in Pennsylvania has ruled that although federal law does not prohibit sexual orientation discrimination in the workplace, it does prohibit employers from discriminating against gay and lesbian employees who do not conform with gender stereotypes.
Report Link Federal Legislation Introduced To Ban Sexual Orientation and Gender Identity Discrimination.
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - August 28, 2009
Legislation was introduced in both the U.S. Senate and House of Representatives this summer to prohibit job discrimination on the basis of an employee’s actual or perceived sexual orientation and gender identity.
Report Link WILL CONGRESS BAN SEXUAL ORIENTATION DISCRIMINATION?
Shaw Valenza LLP - December 19, 2008
The passage of Proposition 8, overturning the California Supreme Court’s decision authorizing marriage between same-sex couples, has brought visibility and controversy to California. The debate over the measure has dominated political and private discussions with an intensity that suggests civil rights laws will continue to be hotly debated – including those related to employment and the workplace.
Report Link Changing Genders; Changing Laws, Part 2
Fisher & Phillips, LLP - September 05, 2007
In Part 1 of this article (Labor Letter, August, 2007) we looked at some of the sources of the expanding law of gender identity discrimination. In this conclusion, we'll deal with some of the specific protections that are out there and look at some of the concerns employers may face in dealing with this issue.
Report Link Changing Genders; Changing Laws, Part 1.
Fisher & Phillips, LLP - August 03, 2007
Gender identity discrimination is a rapidly developing area of employment law and all employers, whether or not they are located in a jurisdiction prohibiting this type of discrimination, should take note. In this issue we'll take a look at the basis for some of these laws. In a future article we'll address some specific problems employers face in dealing with this issue.
Report Link Sexual Orientation and Gender-Identity Protection from Workplace Discrimination Proposed in Congress.
Jackson Lewis LLP - May 15, 2007
The Employment Non-Discrimination Act ("ENDA") may become a permanent fixture on the non-discrimination checklist for employers if its Congressional sponsors can persuade their colleagues and the President to enact it. Eleven years after being defeated by one vote in the Senate, Congressmen Barney Frank (D-MA), Tammy Baldwin (D-WI), Deborah Pryce (R-OH), Christopher Shays (R-CT), Jerrold Nadler (D-NY), and 62 other Congressional co-sponsors reintroduced H.R. 2015. As written, the proposed legislation includes protection from bias discrimination in the workplace on grounds of sexual orientation and gender identity and would provide federal court remedies for violations.
Report Link Court concludes that Title VII prohibits sex stereotyping of a transgendered police officer (pdf).
Buchanan Ingersoll & Rooney PC - January 09, 2006
On November 7, 2005, the U.S. Supreme Court declined to hear a workplace discrimination case brought by a transgendered Cincinnati police officer. The High Court's refusal to review the case left intact a ruling from the U.S. Court of Appeals for the Sixth Circuit in favor of the officer, Philecia Barnes (born Philip Barnes).
Report Link Still Tied in Knots: An Employer Update on Same-Sex Marriage and Domestic Partner Issues.
Littler Mendelson, P.C. - June 23, 2005
Across the nation, the legal landscape for domestic partnerships and same-sex marriage keeps changing. Massachusetts authorizes same-sex marriages, but judicial challenges to state marriage laws are pending in other states. Connecticut has joined Vermont in extending civil unions to same-sex couples. Other states have enacted domestic partnership laws. These developments continue to raise new questions for employers about their legal obligations. The following is an update for employers on the current status of the law.
Report Link Sixth Circuit Says Title VII Protects Transsexuals From Sex Stereotyping (pdf).
Vedder Price - October 05, 2004
In a decision that may have consequences beyond its circuit of origin, the U.S. Court of Appeals for the Sixth Circuit has held that a self-identified transsexual can sue for sex discrimination under Title VII on the basis of discrimination due to nonstereotypical behavior and appearance.
Report Link Trend of State and Local Sanction of Same Sex Marriages Raises Legal Questions for Employers Everywhere.
Jackson Lewis LLP - March 16, 2004
Important issues of national scope have been raised by the recent actions of the Massachusetts Supreme Judicial Court, the mayors of the cities of San Francisco and New Paltz, New York, and other governmental entities in recognizing the marriages of partners of the same sex.
Report Link Title VII Permits Firing of Cross-Dressing Trucker.
Ballard Rosenberg Golper & Savitt - December 01, 2002
A male truck driver who was fired after disclosing to his supervisor that he sometimes dressed and acted like a woman, could not pursue a Title VII claim.
Report Link Ninth Circuit Permits Title VII Harassment Suit by Openly Gay Employee.
Ballard Rosenberg Golper & Savitt - November 01, 2002
A gay employee subjected to offensive physical contact and hostile verbal remarks could take his sexual harassment claim to trial.

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