What is Sexual Orientation and Gender Identity Discrimination (SOGI)?
It’s illegal to discriminate against a person based on their sexual orientation or gender identity (SOGI). In Bostock v. Clayton County, Georgia, the U.S. Supreme Court made it clear that sexual orientation and gender identity are protected under Title VII. The Court ruled on the meaning of sex discrimination in Title VII Civil Rights Act, held that discrimination based on sexual orientation and gender identity discrimination is sex-based discrimination within the meaning of the Act. How Do I Know If …
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Workplace Effects of Anti-LGBTQ Laws
Texas is one of the largest states in the USA, and so it goes without saying that it is the home of many, many employees. In fact, 50 Fortune 500 companies are headquartered in Texas. Texas has also featured the most prominent example of an alarming nationwide trend – anti-LGBTQ legislation. Across the country, states are considering some sort of legislation intended to signal opposition to LGBTQ issues and to stop transgender individuals from seeking medical care. Many families in …
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Workplace Discrimination in South Carolina
Facing a workplace discrimination-related legal matter is daunting. Knowing your local resources is the best starting place for seeking a resolution. Many states, such as South Carolina, have their own commissions that provide supplemental protections to employees in addition to federal law. Types of Workplace Discrimination Workplace discrimination includes different or less favorable treatment of an employee because of the employee’s race, color, religion, sex (including gender identity, pregnancy, and sexual orientation), or genetic information. Unfortunately, workplace discrimination is not uncommon. According …
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Workplace Protections for Transgender Employees
Workplace protections for transgender employees are real, but many trans employees may face challenges in having those protections feel meaningful and relevant. In 2020, the Supreme Court decided Bostock v. Clayton County. In that case, they held that Title VII of the workplace protections of the 1964 Civil Rights Act also protect transgender individuals from discriminatory actions in the workplace. This means that transgender employees are legally protected against: For more on legal workplace protections for transgender employees, and the …
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Discrimination: Formerly Incarcerated Employees
As you can imagine, we talk about workplace discrimination quite a bit at The Noble Law. Much of our work occurs when employees are dealing with racial discrimination, gender discrimination, pregnancy discrimination, or other forms of discrimination in the workplace. Discrimination against formerly incarcerated employees, on the other hand, usually takes place before employment begins. The Importance of a Respectful and Safe Work Environment One of the themes we focus on the most is why employees deserve a work environment …
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Workplace Racial Discrimination in New York
As we’ve previously outlined in this space, New York State has some of the nation’s strongest protections against workplace racial discrimination and harassment. New York law protects employees from racial discrimination in the workplace that leads to things like: It is also essential to note that, should an employee complain about racial discrimination on the job or file a charge with the New York State Division of Human Rights or U.S. Equal Employment Opportunity Commission, an employer cannot take adverse …
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Pregnancy Discrimination Regarding Maternity Leave
Although presenting many challenges and worries, pregnancy can be a time of unmatched excitement for the future as a woman prepares to bring a new life into the world. Unfortunately, not all employers share in that feeling of hope and instead use the condition against employees. A series of local, state, and federal laws provide protections for women facing pregnancy discrimination in the workplace; if you believe you have been treated unfairly because of pregnancy, it is a good idea …
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Pregnancy Discrimination Lawsuit by NYC MTA Transit Worker Results in New Accommodations
Under the Pregnancy Discrimination Act, workplaces are required to treat pregnant women fairly and offer reasonable accommodations on the job. New York City’s Metropolitan Transportation Authority, or MTA, learned this lesson through a lawsuit by an employee who miscarried after her accommodation requests were ignored. Though the Plaintiff’s loss was personally devastating, other women working for the MTA may now find themselves protected from the same type of workplace discrimination. Pregnant employee alleges MTA refusal to provide reasonable accommodations According …
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Biden Issues Executive Order to Prevent Discrimination on Basis of Gender and Sexual Identity
President Joseph Biden, on his first day in office, signed nine executive orders. One of these was Executive Order (EO) 13988, titled Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. The EO also addresses overlapping areas of discrimination such as where race or disability and sexual orientation are compounding factors for discrimination. What employers are affected by Executive Order 13988? EO 13988 directs all federal agencies to review their programs, policies, regulations, and documents for …
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EEOC Files First Sexual Orientation Discrimination Lawsuits
Two recent suits filed by the EEOC demonstrate the growing strength of the legal theory that Title VII protection extends to sexual orientation (despite the fact that it is not explicitly stated in the statute). The Equal Employment Opportunity Commission (EEOC) filed discrimination lawsuits against two employers last week based on sexual orientation. One suit, filed against Pittsburgh-based Scott Medical Health Center (case 2:16-cv-00225-CB), alleges that a gay male employee was harassed due to his sexual orientation. The other, filed …
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