|Sex Discrimination: New Court Rulings and Legislative Updates on Gender Identity and the Practical Impact on Employers and LGBTQA+ Employees
|January 8, 2020 / 1:30 PM EST
|Business & Legal Resources (BLR)
|Visit this link to register.
Most organizations are aware of the legal implications of all sorts of discrimination in the workplace, including discrimination based on sex. No one wants to face a discrimination lawsuit, and employers need to stay up-to-date on the latest laws, federal, state, and local, regarding sex discrimination.
The U.S. Supreme Court is considering three cases that relate to the question of sex discrimination under Title VII of the Civil Rights Act. These are questions that haven’t been ruled on by the highest court, and other courts have had differing interpretations of the law. Also, the EEOC and the Justice Department have taken differing views on what is covered by Title VII.
The federal circuit courts of appeal are split on whether sex discrimination under Title VII includes discrimination based on a person’s sexual orientation or a person’s transgender status. In Altitude Express Inc. v. Zarda, the 2nd U.S. Circuit ruled that discrimination against an employee because of his sexual orientation was discrimination based on sex, that violated Title VII. However, in Bostock v. Clayton County, Georgia, a gay former employee who claimed he was fired because of his sexual orientation brought a lawsuit under Title VII. But the 11th Circuit ruled that Title VII does not cover sexual orientation. In R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, a funeral home employee who initially presented as male transitioned to female. The funeral home’s owner fired the employee for wearing women’s clothing, claiming it was a violation of the funeral home’s policy and against “God’s commands.” The 6th U.S. Circuit determined that discrimination based on an individual’s status as a transgender person or based on stereotypical notions of sex violates Title VII.
With the Supreme Court set to rule on these cases, and with state legislation also addressing the issues of LGBTQ rights, employers need to know what to do to avoid possible discrimination lawsuits. Find out more and make sure your policies are in line with the legal limits.
After attending this webinar, you’ll be able to: