By Sam Schwartz-Fenwick and Amanda Sonneborn

In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question:

Counsel, I’m not sure it’s necessary to get into sexual orientation to resolve the case. I mean, if Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can’t. And the difference
Continue Reading Same-Sex Marriage Bans As Sex Discrimination: The Potential Impact On Plan Sponsors And Employers

By:  Abigail Cahak and Erin Dougherty Foley

Ever since Ann Hopkins was first told she wasn’t feminine enough, there has been a growing awareness of discrimination against individuals on the basis of sexual orientation and/or gender identity. Although these specific categories are not explicitly protected by Title VII, proposed legislation along with recent administrative and federal court decisions (which follow loosely on the heels of the Supreme Court’s ruling in United States v. Windsor) signal a trend toward formal protection against this type of discrimination in the workplace.

Title VII Doesn’t Protect Sexual Orientation & Gender Identity…Or Does It?

According to the Equal Employment Opportunity Commission (EEOC), it does. On August 13, 2013 the EEOC, Office of Federal Operations (OFO) issued its decision in Couch v. Department of Energy, EEOC Appeal No. 0120131136, finding that discrimination on the basis of perceived sexual orientation is covered under Title VII. The OFO concluded that “Title VII’s prohibition on the basis of sex includes discrimination on the basis of ‘gender’ . . . [and] fail[ure] to conform to gender-based expectations.”
Continue Reading ENDA the Line: Anticipating the Next Change to the Federal Law Landscape – Sexual Orientation and Gender Identity