Landmark Supreme Court Decision Extends Discrimination Protection to LGBTQ Individuals

Landmark Supreme Court Decision Extends Discrimination Protection to LGBTQ Individuals

On June 15, 2020, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 (Title VII) protects gay and transgender workers from workplace discrimination. The 6-3 decision reviewed three consolidated cases, Bostock v. Clayton County, GeorgiaAltitude Express Inc. v. Zarda, and R.G. Harris Funeral Homes Inc. v. EEOC (Justices Alito, Thomas and Kavanaugh dissented) and held that an employer who fires an individual because that individual is gay or transgender violates Title VII. This is the first time that sexual orientation and gender identity discrimination are prohibited by federal law (some states and municipalities had previously enacted this protection.)

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How to Handle Workplace Complaints

Workplace complaints happen every day - whether it’s sexual harassment or unequal pay or creating a hostile work environment. When employees bring concerns to their employers of potentially illegal behavior, or perhaps just behavior that not in line with the company’s values, the company’s decision of what to do next sets the tone for the outcome and the resolution. Companies often turn first to human resources (HR) when faced with these situations. HR as a fact finder can be problematic for 2 reasons: 1) small companies often don’t have appropriately trained HR personnel or 2) HR risks losing credibility when they act as fact finders for internal complaints because they are perceived as too close to the relevant parties (witnesses or decision makers). Consequently, I recommend that clients hire a third-party investigator.

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#MeToo. Now What?

During the first 24 hours, #MeToo was tweeted more than 500,000 times and the hashtag was used in 12 million Facebook posts. Facebook reported that 45% of users in the United States had a friend who posted a #MeToo status. So, chances are, you or someone you know can say “#MeToo.”

Conversations around sexual harassment, #MeToo, responses by Hollywood and D.C., and so-on have continued.  Through the conversations sparked by #MeToo, it has become obvious that historically sexual harassment victims have been told or feel they should be quiet and tolerate it.  Yet sexual harassment is always illegal. What should you do if you have been or are the current victim of sexual harassment?

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Sexual Harassment and What to Do About It

The start of a new year in the world of employment law is always busy. Companies, like people, often set goals for achievement with their personnel or training. That makes this the busiest time of year for employment training. The calls for the 2018 new year have focused on protecting against sexual harassment complaints. Just pick up a newspaper, turn on the news, or scroll through Facebook, and it’s easy to see why. So what is sexual harassment, and what can you do to protect your company from a sexual harassment complaint?

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