The EEOC's broad application of the "gender stereotyping" theory reflects a growing trend, as more and more plaintiffs around the country attempt to use the theory to transform what should be petty nuisances into actionable conduct. For example, a prison guard in Vermont brought a claim for sex-stereotyping discrimination after his supervisor criticized him for taking medical leave to recover from a groin injury. The supervisor commented, "Way to milk it buddy," and an inmate remarked, "Good luck making kids with that package." On a motion to dismiss, the U.S. District Court for the District of Vermont concluded that the two alleged comments were sufficient to state a claim for gender stereotyping since it was plausible that the remarks were motivated by a perception that the plaintiff had failed to conform to stereotyped expectations of masculinity. The increase in these "gender stereotyping" claims, coupled with the passage of ENDA, could lead to a substantial increase in … [Read more...] about The Second Obama Term: New Employment Protections for LGBT Individuals Possible
“As a firm, we do not foreclose representation of clients who seek to advocate a controversial or unpopular viewpoint, even if that viewpoint deviates from or conflicts with the firm’s institutional or internal position,” the statement said. “Contrary to the stance taken by the HRC, the notion that a client’s views and interests may be attributed to its law firm is antithetical to the fundamental precepts of the American system of justice and is a notion that we soundly reject.” … [Read more...] about Foley and Lardner Dinged in LGBT Ranking Because of Work for Clients Opposing Gay Marriage
Likewise, employers around the country—even those outside of jurisdictions that explicitly protect sexual orientation and gender identity—may want to consider making these changes since the Equal Employment Opportunity Commission is now taking the position that discrimination against LGBT employees can be a form of "gender stereotyping" in violation of Title VII of the Civil Rights Act of 1964. See Macy v. Holder, No. 0120120821, 2012 WL 1435995 (E.E.O.C. Apr. 20, 2012) (discrimination against a transgender applicant falls within the scope of Title VII's prohibition of unlawful gender stereotyping). … [Read more...] about Philadelphia Increases Employment Protections for Lesbian, Gay, Bisexual, and Transgendered (LGBT) Individuals
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo … [Read more...] about Which top law firms earned perfect scores for LGBT-inclusive policies?
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo … [Read more...] about Which law firms got perfect scores for LGBT inclusion?