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Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
June 15, 2020

Supreme Court Issues Landmark Ruling, Extending Federal Anti-Discrimination Protections to the LGBT Workforce

This morning, SCOTUS issued its decision in Bostock v. Clayton County, Georgia, a case heard during the first week of its current term.  In the decision, the Court extends anti-discrimination protections in the workplace to LGBT employees, in a 6-3 decision written by Justice Gorsuch and joined by Chief Justice Roberts. 

Employer Law Blog
November 6, 2017

Employer Alert: Sex Stereotyping Equals Sex Discrimination in Missouri

In a case of first impression, the Missouri Court of Appeals held that sexual stereotyping can support an inference that discrimination on the basis of “sex” occurred in the workplace. Lampley and Frost v. MCHR, Case No. WD80288 (Mo.App. W.D. 2017). The Appellate Court maintained that sexual orientation is not a “protected-class” under the Missouri Human Rights Act (MHRA), but held that sex-based stereotyping is a prohibited employment practice in Missouri and, therefore, can support an inference of unlawful sex discrimination.

Employer Law Blog
April 6, 2017

Sexual Orientation Discrimination Now Recognized Under Title VII

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit for the first time recognized that sexual orientation discrimination is covered under Title VII of the 1964 Civil Rights Act. The case is Hively v. Ivy Tech Community College of Indiana. Although the court which heard the case en banc reached the result via three routes, the holding confirms that sexual orientation discrimination is cognizable under Title VII in the Seventh Circuit. Chief Judge Wood led a five-member majority in holding that sexual orientation discrimination is sex discrimination under Title VII and, therefore, covered by the statute.

Employer Law Blog
August 2, 2016

Seventh Circuit Holds Title VII Does Not Protect Sexual Orientation

On July 28, 2016, the Seventh Circuit issued its decision in Hively v. Ivy Tech Community College holding Title VII does not prohibit employment discrimination on the basis of sexual orientation. The Seventh Circuit’s opinion is the first to address this issue since the Equal Employment Opportunity Commission held in July 2015 sexual orientation is sex discrimination and therefore violates Title VII.

Employer Law Blog
January 7, 2015

Increasing Efforts to Protect Transgender Workers

Title VII of the Civil Rights Act prohibits covered employers from making employment decisions based on an individual’s sex/gender. This year, the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL) and President Obama continued the ongoing efforts to expand employment protection to transgender workers.