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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 15
  • October
  • 2019

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Reading the Gay Tea Leaves at the Supreme Court

Last Tuesday, the Supreme Court heard oral arguments on the first LGBTQ rights cases to be heard by the Court since the 2015 gay marriage case. The issue raised by two of the cases heard this week was whether discrimination against an employee because of sexual orientation constitutes discrimination “because of … sex” within the meaning of Title VII. The third case raised the issue of whether Title VII prohibits discrimination against transgender people.

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  • 27
  • June
  • 2019

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Celebrating LGBTQ Pride and the Modern Workplace

Tomorrow, June 28, marks the fiftieth anniversary of the Stonewall riot where gay men and lesbians fought back during a police raid at the Stonewall Inn, a gay bar in Greenwich Village. Because this blog is about the workplace, however, I thought it would be appropriate to talk about how far American employers, including my own law firm, have come during my lifetime in protecting the rights of LGBTQ workers, and to talk about one of my heroes of the LGBTQ movement.

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Cake Case Should Not Affect Employer Efforts to Eliminate Discrimination Against LGBT Employees

While the Supreme Court has not yet resolved the question of whether Title VII prohibits discrimination based on sexual orientation, I have previously noted in this blog that there are good legal — not to mention moral, and business, reasons — for employers to take steps to protect gay and lesbian employees and develop a culture that is welcoming to LGBT employees.

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The OFCCP Is Coming, The OFCCP Is Coming! Federal Contractors Put on Notice of Coming Audits

If your company is one of the 1,000 federal contractor establishments (including prime contractors and subcontractors) that received a corporate scheduling announcement letter (a “CSAL”) from the Office of Federal Contract Compliance Programs (the “OFCCP”), you probably already know that, as a federal contractor, your company has many employment obligations beyond those applicable to employers in general. You should also be aware that the OFCCP, in sending these CSALs — which it is not required to do — is actually giving companies some extra time to make sure their practices are up to snuff. While not every company who has received CSALs will end up being audited, these letters provide companies a golden opportunity to review and, if necessary, correct their practices before the OFCCP comes knocking.

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Will the Supreme Court Decide Whether Gays Are Protected by Title VII?

As I predicted last week, a conflict among the circuits now exists on whether gays are protected from workplace discrimination. In yesterday’s landmark opinion in Hively v. Ivy Tech Community College, the Seventh Circuit became the first court of appeals to find homosexuality broadly defined is included in Title VII’s protection against sex-based discrimination.

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Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner