By Michael W. Stevens

Seyfarth Synopsis:  With Justice Neil Gorsuch joining the Supreme Court in April, and the apparent re-emergence of a 5-4 split, we expect to see the Court issue more expansive opinions and be less reticent to grant certiorari.  The addition of Justice Neil Gorsuch is likely to have particular impact in the field of labor and employment
Continue Reading Justice Gorsuch Likely To Have Significant Impact on Labor and Employment Cases Before the U.S. Supreme Court

By Sam Schwartz-Fenwick and Kylie Byron

Seyfarth Synopsis: The passage of “Bathroom” or “Religious Freedom” bills raises issues for employers operating in impacted states. Employers in these states may wish to consider taking proactive and affirmative steps in the wake of these laws.

The belief of many pundits that the issue of LGBT rights was settled following the Supreme Court’s
Continue Reading Bathroom Bills: What Employers Need To Know

By Sam Schwartz-Fenwick and Chris Kelleher

Are Federal Courts ready to recognize that Title VII’s anti-discrimination prohibition extends to claims of sexual orientation?

This question will be decided when the Seventh Circuit issues a ruling in Kimberly Hively v. Ivy Tech Community College. Such a ruling may be imminent as this case is fully briefed, and oral argument has
Continue Reading Seventh Circuit Asked To Recognize That Protections Of Title VII Cover Gays and Lesbians

By Erin Dougherty Foley

Seyfarth Shaw proudly celebrates and takes pride in being a lead supporter of diversity and inclusion in the legal profession, and is celebrating June as LGBT Pride Month. We invite you to enjoy this short presentation of our accomplishments by following this Diversity Pride E-Card link.

If you have any questions about our e-card, Pride Month,
Continue Reading AT SEYFARTH, WE ARE PROUD OF OUR MANY ACHIEVEMENTS IN DIVERSITY

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 Lynn Kappelman, Laura Maechtlen, Sam Schwartz-Fenwick and Michael Stevens

Background

Today, the U.S. Supreme Court heard oral argument on two questions regarding the Constitutionality of state laws limiting marriage to opposite-sex couples. In 2013, the Supreme Court side-stepped the issue when it dismissed Perry v Hollingsworth on standing grounds. In 2013, the Court also ruled in United
Continue Reading The Supreme Court Weighs The Constitutionality Of Restricting Marriage To Opposite Sex Couples, And The Impact Their Decision May Have For Employers

By: Cameron A. Smith, Laura J. Maechtlen and Annette Tyman

Yesterday, President Obama signed an Executive Order prohibiting discrimination by the federal government or federal contractors on the basis of sexual orientation or gender identity.  Currently, only 18 states and the District of Columbia have laws explicitly protecting LGBT workers from being fired because of their sexual orientation or
Continue Reading President Obama Expands LGBT Non-Discrimination Protections with Executive Order