Archive for the ‘LGBT’ Category

September 30th, 2020, was the last day that California Governor Gavin Newson could sign bills passed by the state legislature. On that day, Newsom signed two diversity bills into effect addressing state racial injustice. These bills closed a busy California legislative season that saw more than 30 employment-related laws also signed by the governor. Previously […]

On June 15th, 2020, in a 6-3 decision, the U.S. Supreme Court ruled that employment discrimination on the basis of sexual orientation and/or gender identity is prohibited under federal civil rights law, speficially Title VII of the 1964 Civil Rights Act (Title VII). In the majority opinion, Justice Neil Gorsuch stated: “An employer who fires […]

Circuit courts have split on whether gender identity and sexual orientation are protected by Title VII of the Civil Rights Act of 1964, as have the Trump Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC). The commission maintains Title VII’s protections based on “sex” include gender identity and sexual orientation, while the […]

In two weeks’ time, two U.S. circuit courts of appeal — the 2nd and the 6th — have ruled that the Civil Rights Act of 1964’s provision against discrimination based on sex includes protection for gender identity. The 6th ruled March 7 in favor of a male funeral director who was fired when he told […]

Wal-Mart settled the first successful LGBTQ lawsuit ever this past week when it agreed to shell out $7.5 million to lesbian and gay employees whose same-sex spouses were denied benefits between 2011 and 2013, when the retail giant changed its policy. “This class action settlement breaks new ground,” the attorneys for the plaintiffs said in […]

Joining every other circuit court except D.C., the 11th Circuit Court of Appeals has ruled that Title VII of the Civil Rights Act of 1964 does not cover discrimination based on sexual orientation. “[W]e are bound to follow a binding precedent in this Circuit unless and until it is overruled by this court en banc […]

President Trump announced today that he will continue to enforce an executive order issued by  his predecessor, Barack Obama, that protects the workplace rights of those in the LGBTQ community at businesses operating under federal contracts. “The President is proud to have been the first-ever GOP (Republican) nominee to mention the LGBTQ community in his […]

On Friday, Jan. 6, lawyers for the Department of Justice (DOJ) filed papers with the U.S. 5th Circuit Court of Appeals to lift a federal judge’s injunction against the Obama administration’s 2016 school bathroom ruling, which gave transgender students free choice to use the facility they preferred. The injunction was issued by U.S. District Judge Reed […]

A federal judge in Texas has affirmed a nationwide injunction against implementation of the Education and Justice Departments’ guidance on transgender bathroom access, which also means federal funds cannot be withheld from schools that do not comply with the mandate announced in May. Judge Reed O’Connor first issued his injunction in August in the case of Texas v. […]

Late Sunday, U.S. District Judge Reed O’Connor sided with Texas and 12 other states in their lawsuit against the Obama administration’s directive that transgender students be allowed to use the bathroom of their choice by placing a temporary hold on the ruling. Judge O’Connor in essence said the directive was not interpretive of existing law but […]