Expanding Protection Against Title VII Discrimination: Sexual Orientation, Transgender, Gender Identity

Litigation Trends, Best Practices for Avoiding and Defending Claims

A live 90-minute CLE webinar with interactive Q&A

Thursday, May 17, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, April 27, 2018

or call 1-800-926-7926

This CLE webinar will guide employers’ counsel on the expanding protections against discrimination under Title VII of the Civil Rights Act of 1964 due to sexual orientation, transgender status and gender identity. The panel will provide an overview of recent case law, including the split among circuit courts. The panel will also discuss best practices for avoiding and defending discrimination claims.


Protection against Title VII discrimination due to sexual orientation, gender identity and transgender status is a rapidly evolving area of law. Employers and counsel must be aware of case law developments expanding the protections of Title VII such as the Seventh Circuit’s decision in Hively v. Ivy Tech Community College, the Second Circuit’s decision in Zarda v. Altitude Express, and the Sixth Circuit’s groundbreaking decision in EEOC v. RG. & G.R. Harris Funeral Homes Inc. However, many other jurisdictions declined to find sexual orientation as a protected class under Title VII. This split amongst circuits is likely to lead to U.S. Supreme Court review.

Even in jurisdictions where the issue is unsettled, employers who do not explicitly prohibit sexual orientation, transgender status and gender identity discrimination are at a higher risk of being charged with sex discrimination. To minimize risk, employers should revisit their anti-harassment and anti-discrimination policies and procedures to comply with federal, state and local law.

Listen as our authoritative panel discusses the recent circuit court decisions expanding the protections against discrimination based on sexual orientation, transgender status and gender identity under Title VII. The panel will also provide best practices and strategies for counsel and employers to minimize and defend discrimination claims.



  1. Overview of trends in recent circuit court decisions
  2. Revising discrimination policies and procedures
  3. Best practices for pursing or defending a discrimination suit


The panel will review these and other crucial issues:

  • How are courts ruling on issues of discrimination based on sexual orientation, gender identity, and transgender status under Title VII?
  • Are courts that find this type of discrimination to be sex discrimination all engaging in a Price Waterhouse-sexual stereotype analysis?
  • What are best practices for counsel and employees to avoid discrimination claims based on similar claims under Title VII?
  • How can employers and counsel revise discrimination policies and procedures to avoid discrimination claims under Title VII?


Cohen, Richard B.
Richard B. Cohen


Mr. Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years....  |  Read More

Epstein Gluck, Amy
Amy Epstein Gluck


Ms. Epstein Gluck advises clients about employment and anti-discrimination laws, human resource policies and...  |  Read More

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