LGBTQ Employment Discrimination: Key New Developments

Posted on 03-31-2018 by
Tags: gay , employee , homosexual , LGBTQ , employer , transgender , bisexual , employment , lesbian , Employment Law


LGBTQ issues: The law of the land is inconsistent.

 

LGBTQ advocates recently had victories in the United States Courts of Appeals for the Second and Sixth Circuits. In Zarda v. Altitude Express, 2018 U.S. App. LEXIS 4608, at *10 (2d Cir. Feb. 26, 2018), the Second Circuit held that Title VII of the Civil Rights Act of 1964 protects workers from discrimination based on sexual orientation. In EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., 2018 U.S. App. LEXIS 5720, at *16, 25 (6th Cir. Mar. 7, 2018), the Sixth Circuit held that discrimination based on being a transgender person or in transitioning status is prohibited sex discrimination under Title VII. For more information on these cases, see LGBTQ Protections and Best Practices under Title VII in the Lexis Practice Advisor Labor & Employment area.

A state of flux

The Sixth Circuit is the only federal circuit that has specifically held that Title VII prohibits discrimination due to transgender or transitioning status. Only two federal circuits, the Second and the Seventh, have held that Title VII bars discrimination based on sexual orientation. See Zarda and Hively v. Ivy Tech Comm, Coll., 853 F.3d 339, 341 (7th Cir. 2017).

According to Out & Equal, in 28 states, an employer may terminate an employee for being ***, bisexual, or gay. In 30 states, an employer can terminate an employee for being transgender. Terminations are only part of the LGBTQ workplace landscape; there’s workplace discrimination too. In the last five years, one in four LGBT employees report experiencing workplace discrimination. The law of the land on LGBTQ issues is inconsistent with different jurisdictions having different interpretations and statutes concerning LGBTQ discrimination.

The well-informed employment lawyer

Labor & Employment attorneys must stay on top of LGBTQ legal developments in their jurisdiction so they can provide sound advice on LGBTQ discrimination issues. To do this, attorneys need rapid access to case law, up-to-date legal news and authoritative guidance from legal practitioners.

The LexisNexis® LGBTQ Employment Law Practice Guide is designed to assist both employers’ and employees’ counsel as they navigate the complexities of LGBTQ discrimination law. The LGBTQ Employment Law Practice Guide provides:

  • Federal and state-specific practical guidance to lawyers of all backgrounds and experience levels who represent LGBTQ clients in workplace-related issues and litigation
  • Assistance in drafting and designing culturally competent and sound workplace policies and practices that comply with state and federal laws and protect LGBTQ workers’ rights –and–
  • Guidance to employers’ counsel when responding to an LGBTQ litigant’s charge or complaint of discrimination on the basis of sexual orientation and/or gender identity or expression

Insider tips for workplace lawyers

In the LGBTQ Employment Law Practice Guide, leading Labor & Employment lawyers provide advice on:

  • Assessing claims, writing demand letters, pursuing administrative remedies and preparing for all stages of litigation
  • Formulating culturally competent best practices and compliance strategies
  • Responding to discrimination and harassment charges and claims based on sexual orientation and/or gender identity or expression
  • Key federal laws that are applicable to LGBTQ workplace rights –and–
  • State law protections, essential elements of the relevant state laws, and the administrative process that may be a prerequisite to a legal claim

As the landscape for LGBTQ rights continues to change, protect your clients with the LexisNexis® LGBTQ Employment Law Practice Guide. Also see LGBTQ Protections and Best Practices under Title VII in the Lexis Practice Advisor Labor & Employment area.


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