This CLE course will advise employment counsel on the major issues related to LGBTQ employment discrimination and harassment claims. The panel will examine the latest court activity and key rulings involving claims of sexual orientation and gender identity, including denial of spousal benefits to transgender employees, as well as EEOC and state enforcement of protections afforded to LGBTQ employees.
The U.S. Supreme Court holding in Bostock v. Clayton County is of major importance in employment law. Still, it did not cover state laws that aren't modeled on Title VII, gender nonbinary issues, or restroom concerns. Title VII covers employers with 15 or more employees, but some state laws prohibiting sex discrimination cover smaller employers.
There are 27 states where equal employment opportunity laws do not protect the workplace from sexual orientation discrimination, and 28 states do not protect workers from gender identity discrimination. Currently, many states do not conform with Bostock, and states are proposing additional restrictions on transgender people at a rapid rate.
The lack of adequate employment protections for the LGBTQ community is highlighted amidst the ongoing economic and labor market turmoil stemming from COVID-19. Some states are making important strides toward protecting LGBTQ+ employees.
On June 15, 2020, the U.S. Supreme Court issued a historic decision that Title VII of the Civil Rights Act of 1964 protects LGBTQ+ individuals from employment discrimination. The Court found that "it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex." The Court's use of "textualism" provides a framework for handling sexual orientation and other types of discrimination cases and how the Court may rule in future matters where definitions and the intended extent of the law are unclear remains unanswered.
Listen as our expert employment law panel addresses the rights of LGBTQ employees. The panel will discuss what employers must consider regarding the needs of their LGBTQ+ workforce.
