Litigating LGBTQ Employment Discrimination and Harassment Claims: Title VII, EEOC, and State Decisions
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, July 14, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Ms. Phillips handles various types of employment litigation with an emphasis on sexual, racial and disability harassment, and LGBT matters. She also counsels clients on a variety of labor and employment matters concerning federal and state employment laws. Ms. Phillips frequently conducts and advises clients on internal investigations and leads seminars and webinars for a broad range of clients focusing on employment discrimination, diversity, sexual harassment and LGBT issues. She is a featured speaker at HRNY, NY and CT SHRM, ACC Corporate Counsel, Out & Equal Workplace Conference and other prominent organizations. Ms. Phillips conducts training on race, ethnic, intergenerational, interfaith, LGBT and other inclusion issues. She is a national speaker on such issues as an employer's duty to accommodate the sincerely held religious beliefs of employees, sexual stereotyping in the workplace, and respecting each individual's gender identity and expression. Ms. Phillips is a member of the firm's Diversity and Inclusion Committee.
Mr. Roche’s practice focuses on representing employers in workplace law matters, including pre-litigation claims and litigation, as well as preventive advice and counseling. He has worked closely with clients and successfully litigated matters before state and federal courts and state and federal agencies.
Mr. Allen’s legal career has been dedicated to counseling and defending employers in employment-related matters and counseling on behalf of management. He represents a broad range of management clients in state and federal courts and administrative tribunals concerning all types of employment litigation, including claims of discrimination on the basis of age, disability, race, national origin, sex, sexual harassment, retaliation, wrongful discharge, whistleblower retaliation, wage hour disputes, breach of contract, and state tort issues. Mr. Allen also provides on-going legal support and counsel on a daily basis for many of his clients. He routinely provides training to managers and supervisors in all areas of employment law, including but not limited to, supervisory training, sexual and racial harassment prevention, disciplinary practice, documentation policies, and safety and disability management.
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.
- Bostock v. Clayton County: what was covered and what issues remain outstanding?
- Pronouns
- Restrooms
- Religious objections
- Best practices
The panel will review these and other key topics:
- What did the ruling in Bostock v. Clayton County advise on transgender employment rights?
- How does state law impact transgender/gender non-conforming employment equality versus the "lived" experience?
- What should employers consider when transgender and gender non-binary employees have complaints related to pronouns, restrooms, and locker rooms?
- How should employers respond to religious objections to LGBTQ rights?
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