In a groundbreaking en banc decision, the Second Circuit became the second appellate court to hold that Title VII recognizes sexual orientation discrimination claims as impermissible sex discrimination per se. Zarda v. Altitude Express, Inc. also expressly overturned...
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LGBTQ
Trump Tweets to Ban Transgender Service Members from Serving “In Any Capacity in the U.S. Military”
Co-Written by Outten & Golden LLP Law Clerk Ryan Elias On July 26th, President Trump issued a policy shift via Twitter laying out a ban on transgender individuals from serving "in any capacity in the U.S. Military." His reasoning: transgender service members...
Expansions in LGBTQ Employees’ Rights and Benefits
Major shifts in gender equality jurisprudence in recent years have led to expanded rights and benefits for LGBTQ employees. The Section devoted two panels at the Section Conference to the rapidly developing areas of anti-discrimination law, employee benefits, and...
Stray Remarks and the Donald Trump Effect: The Real Workplace Consequences of the Backlash against Political Correctness
In a recent blog post, on Hamilton & Griffin on Rights, Outten & Golden LLP associate Nina Frank touches on our current cultural backlash against anything seen as politically correct or hypersensitive to the feelings of women, racial and ethnic minorities, and...
EEOC Rules Sexual Orientation-Based Discrimination is Sex Discrimination Under Title VII
Last Thursday, the EEOC issued a groundbreaking decision that held, in clear and unequivocal language, that claims of discrimination based on sexual orientation implicitly state a claim of sex discrimination under Title VII. See Complainant v. Foxx, EEOC DOC...
Outten Golden LLP honours Former Partner Carmelyn Malalis in Her New Role as NYC Human Rights Commissioner
On a stormy summer evening, attorneys, former clients and members of the LGBTQ community joined Outten & Golden to celebrate Pride Month and honour former O&G partner Carmelyn P. Malalis in her new role as Chair of the New York City Commission on Human Rights....
Obergefell v. Hodges and Its Potential Impact on Employment Law
Last Friday, the United States Supreme Court forever changed the political landscape of this country in a 5-4 decision that the Fourteenth Amendment protects same sex-couples' right to marry. Obergefell v. Hodges, 576 U.S. ___, No. 14-556, slip op., *12 (2015). The...
EEOC to Investigate Denial of Gender-Appropriate Restrooms in Private Sector as Sex Discrimination under Title VII Post-Lusardi
EEOC to Investigate Denial of Gender-Appropriate Restrooms in Private Sector as Sex Discrimination under Title VII Post-Lusardi After issuing a groundbreaking ruling that denying transgender individuals' access to bathrooms consistent with their identified genders is...
EEOC Affirms Right to Gender-Appropriate Bathrooms and pronouns for Transgender Employees
On April 1st, the EEOC issued a groundbreaking ruling that found that the Army discriminated against a transgender civilian employee by denying her access to the women's restroom and created a hostile work environment by allowing a supervisor to intentionally misuse...
The Supreme Court Allows Same-Sex Marriage to Proceed
On Monday, the Supreme Court declined to hear any of the seven same-sex marriage cases that were pending before it. Procedurally speaking, this means that the seven appellate decisions striking down bans on same-sex marriage will stand.Practically speaking, the denial...
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