The Issue of Sexual Orientation has been settled, or has it?

In Title VII of the Civil Rights Act, there is no expressed protection for sexual orientation. However, during the Obama administration, the EEOC ruled that sexual orientation is protected under sexual discrimination provisions of Title VII. When the country switched over to the Trump administration, the Department of Justice said that sexual orientation is not …

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The Department of Justice reverses the Obama administration on transgender protections… but not so fast….

You may have read that the current Department of Justice has reversed the government’s standing on protection against discrimination for transgender employees. Well, they did and they didn’t.  Let’s take a look at what happened. Reversal Attorney General Jeff Sessions wrote a memo, on October 4, 2017, to all U.S. Attorneys and the heads of …

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US Court of Appeals affords discrimination protection to LGBT community

The Seventh Circuit Court of Appeals became the first US Federal court to rule that LGBT employees are afforded protection under Title VII from discrimination on the basis of “sex”. Although the Seventh Circuit only includes Illinois, Indiana and Wisconsin, according to an announcement by the law firm Fisher Phillips, it is anticipated that this …

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The EEOC issues a fact sheet on bathroom access

At a client’s the other day we had a discussion about the use of bathrooms by people not the sex listed on the door. In this particular case it was a situation of mistaken identity of a woman in men’s clothing. They were wondering what to do. EEOC issues guidance On May 2, 2016 the …

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What restroom must I let them use?

Bruce Jenner’s transformation from male to female has certainly made everyone aware of the issues surrounding transgender individuals. One such issue many companies face in dealing with transgender employees in transition deals with restroom use. Which restrooms should they be allowed to use is often the question. Gender identity Once someone has changed gender by …

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