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Second Circuit Bounces Sexual Orientation Bias Claim

Second Circuit Bounces Sexual Orientation Bias Claim

BY ARTHUR S. LEONARD | A three-judge panel of the US Second Circuit Court of Appeals, based in Manhattan, has issued a mixed ruling concerning a gay man’s claim he was sexually harassed in his workplace in violation of Title VII of the 1964 Civil Rights Act. In an unsigned March 27 opinion, the court ruled […]

Gay and Trans Plaintiffs Advance on Title VII Claims

Gay and Trans Plaintiffs Advance on Title VII Claims

BY ARTHUR S. LEONARD | Two federal trial courts have allowed Title VII employment discrimination claims by law enforcement officers, one gay and the other transgender, to proceed over the protests of the government agencies where they worked. On October 4, US District Judge Jennifer A. Dorsey granted summary judgment to Bradley Roberts, a transgender […]

US Court Won’t Dismiss Sexual Orientation Claim Against College     

US Court Won’t Dismiss Sexual Orientation Claim Against College     

BY ARTHUR S. LEONARD | US District Judge Dean D. Pregerson ruled on December 15 that two Pepperdine University students could sue the school for sexual orientation discrimination under Title IX, a federal statute that prohibits sex discrimination by educational institutions receiving federal money. The ruling — rejecting the Los Angeles area school’s motion to dismiss the […]

US Judge Embraces EEOC Equating of Sexual Orientation, Sex Discrimination    

US Judge Embraces EEOC Equating of Sexual Orientation, Sex Discrimination    

BY ARTHUR S. LEONARD | At last, a federal district judge has expressly relied on the July 15 ruling from the Equal Employment Opportunity Commission that sexual orientation discrimination claims can be brought under Title VII of the Civil Rights Act of 1964. US District Judge Myron H. Thompson of the Middle District of Alabama, ruling […]

In Compelling Announcement, Omnibus Federal LGBT Rights Bill Introduced

In Compelling Announcement, Omnibus Federal LGBT Rights Bill Introduced

BY DUNCAN OSBORNE | Standing in the US Senate room named for the president who signed the nation’s most significant civil rights legislation into law, a group of legislators, LGBT advocates, and taxpayers announced the release of the Equality Act, federal legislation that would add sexual orientation and gender identity to the Civil Rights Act of […]

For the First Time, Wide-Ranging LGBT Equality Bill Reaches Congress

For the First Time, Wide-Ranging LGBT Equality Bill Reaches Congress

BY ARTHUR S. LEONARD | The Equality Act, introduced by Senator Jeff Merkley of Oregon and Representative David Cicilline of Rhode Island on July 23, is the first truly comprehensive federal measure attempting to provide legal equality for LGBT people in the United States. It goes far beyond all prior bills on this topic, because no […]

EEOC Says Gays Protected Against Employment Discrimination    

EEOC Says Gays Protected Against Employment Discrimination    

BY ARTHUR S. LEONARD | In a complete turnaround, the federal agency that enforces Title VII of the 1964 Civil Rights Act has, for the first time, ruled the federal ban on employment discrimination because of sex includes discrimination against somebody because they are gay, lesbian, or bisexual. The July 15 holding by Equal Employment Opportunity […]

EEOC Steps Up Consideration of Sexual Orientation Claims    

EEOC Steps Up Consideration of Sexual Orientation Claims    

BY DUNCAN OSBORNE | While no federal law bars discrimination based on sexual orientation and gender identity in employment, the federal Equal Employment Opportunity Commission (EEOC) has accepted roughly 2,500 cases alleging such discrimination over the past 18 months based on the legal theory that this is discrimination based on sex. “About two years ago, the […]

As Attorney Defending Idaho, Nevada Marriage Bans Dances Quickly, Ninth Circuit Panel Seems Dubious

As Attorney Defending Idaho, Nevada Marriage Bans Dances Quickly, Ninth Circuit Panel Seems Dubious

BY ARTHUR S. LEONARD | The San Francisco-based Ninth Circuit Court of Appeals panel that heard oral arguments on September 8 in several marriage equality cases appeared very dubious about the justifications presented in defense of the Nevada and Idaho bans on same-sex couples marrying. The outcome of these appeals seems almost pre-ordained at this […]