Litigating LGBTQ Employment Discrimination and Harassment Claims: Title VII, EEOC, and State Decisions

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


Conducted on Wednesday, July 14, 2021

Recorded event now available

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Course Materials

This CLE course will advise employment counsel on the major issues related to LGBTQ employment discrimination and harassment claims. The panel will examine the latest court activity and key rulings involving claims of sexual orientation and gender identity, including denial of spousal benefits to transgender employees, as well as EEOC and state enforcement of protections afforded to LGBTQ employees.

Description

The U.S. Supreme Court holding in Bostock v. Clayton County is of major importance in employment law. Still, it did not cover state laws that aren't modeled on Title VII, gender nonbinary issues, or restroom concerns. Title VII covers employers with 15 or more employees, but some state laws prohibiting sex discrimination cover smaller employers.

There are 27 states where equal employment opportunity laws do not protect the workplace from sexual orientation discrimination, and 28 states do not protect workers from gender identity discrimination. Currently, many states do not conform with Bostock, and states are proposing additional restrictions on transgender people at a rapid rate.

The lack of adequate employment protections for the LGBTQ community is highlighted amidst the ongoing economic and labor market turmoil stemming from COVID-19. Some states are making important strides toward protecting LGBTQ+ employees.

On June 15, 2020, the U.S. Supreme Court issued a historic decision that Title VII of the Civil Rights Act of 1964 protects LGBTQ+ individuals from employment discrimination. The Court found that "it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex." The Court's use of "textualism" provides a framework for handling sexual orientation and other types of discrimination cases and how the Court may rule in future matters where definitions and the intended extent of the law are unclear remains unanswered.

Listen as our expert employment law panel addresses the rights of LGBTQ employees. The panel will discuss what employers must consider regarding the needs of their LGBTQ+ workforce.

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Outline

  1. Bostock v. Clayton County: what was covered and what issues remain outstanding?
  2. Pronouns
  3. Restrooms
  4. Religious objections
  5. Best practices

Benefits

The panel will review these and other key topics:

  • What did the ruling in Bostock v. Clayton County advise on transgender employment rights?
  • How does state law impact transgender/gender non-conforming employment equality versus the "lived" experience?
  • What should employers consider when transgender and gender non-binary employees have complaints related to pronouns, restrooms, and locker rooms?
  • How should employers respond to religious objections to LGBTQ rights?

Faculty

Allen, Scott
Scott Allen

Principal
Jackson Lewis

Mr. Allen’s legal career has been dedicated to counseling and defending employers in employment-related matters...  |  Read More

Phillips, Michelle
Michelle E. Phillips

Principal
Jackson Lewis

Ms. Phillips handles various types of employment litigation with an emphasis on sexual, racial and disability...  |  Read More

Roche, Michael
Michael J. Roche, Jr.

Attorney
Jackson Lewis

Mr. Roche’s practice focuses on representing employers in workplace law matters, including pre-litigation claims...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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