Employment Discrimination Claims Based on Sexual Orientation, Gender Identity, or HIV Status

Navigating the Evolving Legal Landscape and Minimizing Exposure to Claims

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, May 29, 2013

Recorded event now available

or call 1-800-926-7926

This CLE course will help employment attorneys navigate uncertain and evolving state and federal laws affecting employers of lesbian, gay, bisexual or transgender (LGBT) workers or those affected by HIV. The panel will discuss recent legal trends and best practices to comply with the law and minimize employment discrimination claims.


Companies employing workers who identify or are perceived as LGBT  or HIV-affected must navigate an uncertain and evolving legal landscape that provides varying degrees of state and federal protections to the employees.

Currently, federal law does not bar discrimination based on sexual orientation. However, courts are increasingly holding that LGBT employees are protected under Title VII. Further, several states have enacted or changed laws affecting same-sex couples through case law, legislation and voter referendums.

To mitigate legal risks, employment counsel must understand how courts are addressing employment cases alleging discrimination based on LGBT or HIV status and should take steps to ensure that their employment policies and practices comply with state and federal laws, including Title VII, ERISA and the FMLA.

Listen as our authoritative panel of employment law attorneys examines the current legal landscape regarding employment discrimination claims based on sexual orientation, gender identity or HIV status. The panel will recommend steps employers and their counsel should take to minimize liability for past and future employment decisions, policies and practices that disparately impact LGBT or HIV-affected employees.



  1. Legal framework—employers' obligations to LGBT and HIV-affected employees
    1. Federal law protections
    2. State law protections
    3. Recent court cases
  2. Best practices to minimize claims
    1. Discrimination claims
    2. FMLA claims
    3. ERISA claims


The panel will review these and other key questions:

  • What is an employer's obligation to prevent discrimination against employees based on LGBT or HIV status?
  • How are courts ruling in employment cases alleging discrimination based on LGBT or HIV status?
  • What steps should employers and their counsel take to reduce exposure to employment law claims alleging discrimination based on sexual orientation, gender identity or HIV status?
  • What steps should employers take to ensure compliance with ERISA and the FMLA regarding benefits and leave issues for LGBT and HIV-affected employees?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Charles H. Wilson
Charles H. Wilson

Cozen O’Connor

Mr. Wilson is board certified in Labor and Employment Law by the Texas Board of Legal Specialization. He represents...  |  Read More

Edward J. Reeves
Edward J. Reeves

Stoel Rives

His practice focuses on counseling employers, educating management in all areas of labor and employment law, and...  |  Read More

Iván Espinoza-Madrigal
Iván Espinoza-Madrigal

Legal Director
Center for HIV Law and Policy

He is a civil rights litigator and advocate focusing on the legal and policy needs of vulnerable and marginalized...  |  Read More

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