Well over a year since the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its proposed rule updating regulations implementing the religious exemptions from certain nondiscrimination prohibitions under Executive Order (E.O.) 11246, the agency is finally publishing the final rule in the waning days of the Trump Continue Reading...
Possible Implications of the Supreme Court Decision in Bostock
The Supreme Court’s recent decision in Bostock v. Clayton County held that although Title VII does not recognize LGBTQ+ status as a protected characteristic, LGBTQ+ discrimination is not possible without impermissibly taking into account a person’s sex. Sex is a protected characteristic under Title VII, meaning employers are generally prohibited Continue Reading...
Supreme Court Rules Title VII Sex Discrimination Precludes Discrimination Based on Sexual Orientation and Gender Identity
The Supreme Court has ruled 6-3 that discrimination on the basis of sexual orientation and/or gender identity necessarily violates Title VII’s prohibition of discrimination on the basis of sex. Note that the Court did not find that Title VII “prohibits” LGBTQ+ discrimination (in the traditional sense) as most headlines would lead you to Continue Reading...