Title VII prohibits employment discrimination because of sex. It does not, however, expressly prohibit discrimination based on an individual’s actual or perceived sexual orientation. Recently, federal courts have started to disregard this distinction in favor of concluding that discrimination on the basis of sexual orientation is a form of sex…
Articles Posted in Sexual Orientation Discrimination
Employment Non-Discrimination Act Being Considered in Congress
Following a Senate vote earlier this week on the Employment Non-Discrimination Act (ENDA), proponents are bracing themselves for a tough fight in the House of Representatives. ENDA proposes to prohibit employment discrimination on the basis of sexual orientation or identity in much the same way that Title VII of the…
New York Governor David Patterson Signs Domestic Workers Bill of Rights.
Today, Governor David Patterson signed into law, the New York Domestic Workers Bill of Rights, which reflects the first sweeping domestic workers’ rights legislation in the nation. Among other things, the New York law provides for overtime pay to domestic workers, and protection against workplace discrimination and harassment based upon…
Congress Considers Legislation Banning Employment Discrimination on the Basis of Sexual Orientation
The Senate and House are considering legislation to ban employment discrimination on the basis of actual or perceived sexual orientation and gender identity. The Employment Non-Discrimination Act of 2009 is intended to amend Title VII, which currently prohibits discrimination on the basis of sex, race, national origin, religious discrimination. In…
Proposed Employment Non-Discrimination Act Awaits Further Action in Congress
The proposed Employment Non-Discrimination Act (“ENDA”) is a federal bill intended to address employment discrimination by making it illegal to fire, refuse to hire or promote employees based upon their sexual orientation. An earlier version of the bill sought to include protection from gender identity discrimination. That provision was stripped…