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