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President Obama to Ban LGBT Discrimination by Federal Contractors -- Eventually

The White House announced the news yesterday via Twitter . Just two years ago, the White House indicated that President Obama would not sign an executive order prohibiting federal contractors from discrimination on the basis of sexual orientation or gender identity, preferring that Congress act...

President Signs Executive Order Banning LGBT Discrimination by the Federal Contractors and Government

Yesterday, President Obama amended two prior Executive Orders , adding new protections against sexual orientation and gender identity discrimination. Executive Order 11246, which extends anti-discrimination obligations to federal contractors, now also includes prohibitions against sexual orientation...

Check Out the EEOC's Playbook for Combatting LGBT Discrimination

Even without a federal law that specifically bans discrimination in the workplace based on sexual orientation or gender identify, it's no secret that one of the EEOC's top priorities is to protect LGBT workers from discrimination. And the EEOC is being quite transparent about it, with a new...

LGBT Legislation in Michigan

A bill was introduced in the Michigan House last week which would amend the Elliott-Larsen Civil Rights Act to prohibit discrimination based on sexual orientation. The legislature is in its post-election lame duck session, and the bill was introduced by a representative who lost in the primary election...

Federal Court Permits Discrimination Against Transgender Employee

Under federal law ( Title VII ), employers cannot discriminate because of one's sex. While Title VII does not explicitly coverage transgender employees (i.e., someone born female who presents male, and vice-versa; also known as gender identity), the EEOC's position is that transgender employees...

Feds Impose LGBT Affirmative Action on Federal Contractors

If you are a federal contractor of subcontractor, in four months you will have new affirmative action obligations relating to sexual orientation and gender identity. According to a Final Rule issued last week by the Office of Federal Contract Compliance Programs, beginning April 5, 2015, federal contractors...

Saks Claims Transsexual Discrimination Is Legal. And Here's Why They're Probably Right.

Over the weekend, I joined a Facebook thread discussing a recent federal court complaint filed in Texas by a former Saks employee, Leyth O. Jamal. Ms. Jamal claims that Saks violated Title VII of the Civil Rights Act by discriminating against her because she is transsexual. Saks claims ( here ) that...

Collision Course? LGBT Protection and Religious Freedom

As employers in Michigan settle into 2015, there are some known developments on the horizon. The NLRB will implement its revised election procedures absent court intervention; the DOL will address overtime exemptions; and the EEOC will issue guidelines on wellness plans and implement its task force on...

LGBT Rules for Federal Contractors Now in Effect

If you are a federal contractor or subcontractor, this is big week for you. On April 8, the OFCCP’s Final Rule Implementing Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and Subcontractors took effect. What does this mean for...

Equal in Love, But Not Yet Equal at Work—the Next Frontier of LGBT Rights

Friday was certainly exciting. SCOTUS surprised everyone by releasing Obergefell v. Hodges [pdf] a day earlier than expected [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case] [ Lexis Advance opinion ]. In case you missed it, in a 5-4 opinion authored by...

Multi-Agency Guide Updates LGBT Discrimination Protections for Federal Workers

On June 3, 2015, four U.S. Government agencies released a guide on rights and protections afforded to federal employees and applicants who allege sexual orientation or gender identity discrimination. The guide reflects a growing body of case law that supports the proposition that Title VII of the Civil...

EEOC Announces That Title VII Treats All LGBT Discrimination As Unlawful Sex Discrimination

Last week, the EEOC released a historic decision on same-sex employment discrimination rights [pdf] . The EEOC confirmed that, in its opinion, Title VII expressly bars discrimination based on sexual orientation. When you couple this decision with an earlier 2012 decision on transgender workplace rights...

Coming Soon: A New, Comprehensive LGBT Anti-Discrimination Bill in Congress

On Monday , I got into last week’s EEOC ruling that sexual-orientation discrimination is sex discrimination and, therefore, violates Title VII . Yesterday, I took up the First Amendment Defense Act , which has been described by the ACLU as “Indiana on Steroids .” On Thursday, make...

Latest Study Indicates Rampant Transgender Discrimination at Work

On Tuesday, voters in Houston, TX took to the polls and said no to Prop 1 . That’s a ballot measure that would have outlawed discrimination at work against lesbian, gay, bisexual and transgender employees and job applicants. Amanda Terkel at The Huffington Post reports here that, despite having...