On October 8, 2019, the U.S. Supreme Court heard oral argument in three employment discrimination cases involving what protection, if any, Title VII of the Civil Rights Act of 1964 – which prohibits discrimination in employment on the basis of, among other things, sex – affords against sexual orientation and gender identity-based discrimination. As we previously discussed … Continue Reading
On February 3, 2015, the EEOC’s Director of the Office of Field Programs issued a memorandum to the agency’s district directors regarding the handling of LGBT-related discrimination claims. Although Title VII does not explicitly prohibit discrimination on the basis of an employee’s identification as gay, lesbian, bisexual or transgender, the memorandum states that the EEOC … Continue Reading
Another Christian Bed & Breakfast case came out last week, containing some faintly unsettling insight from the Court of Appeal into the issue of balancing rights to manifest one’s religion against rights not to be discriminated against. Black & Morgan – v – Wilkinson reached the right and usual conclusion, i.e. that the refusal of … Continue Reading
So is it age discrimination to called a teenage employee a “teenager”? All a question of context, the Employment Tribunal decided in Roberts –v- Cash Zone (Camberley) Limited last month, a ruling which also sheds some side-light on the use of other potentially discriminatory terms in the workplace. Ms Roberts was 18 when dismissed by … Continue Reading
On February 26, 2013, by a vote of 5 to 3, the Phoenix City Council voted to ban discrimination in employment on the basis of sexual orientation, gender identity or expression, and disability. Prior to the vote, the City of Phoenix Human Relations Ordinance (the “Ordinance”) only prohibited discrimination in employment on the basis of … Continue Reading
The clash between gay rights and religious beliefs reared its ugly head again in the High Court last month, with what some may find surprising consequences. Following recent case law in this area, (see this blog ‘No room at the inn for the fundamental right to discriminate’, October 13th 2012), employers could be forgiven for … Continue Reading
In recent years, courts and administrative agencies have broadened the Title VII protections against discrimination based on sex using the Price Waterhouse theory of gender non-conformity. For example, as previously reported here, the EEOC used this rationale to recognize a cause of action for transgender discrimination under a theory of sex stereotyping and gender non-conformity. … Continue Reading
