LGBTQ in the Workplace

In the wake of the #MeToo era, preventing and responding to sexual harassment claims is on the minds of most employers. Employers can face slightly more legally complex scenarios when alleged harasser is the same gender as the victim, where the victim is transgender, or where Title VII’s language has otherwise not been clearly extended to cover the offensive actions. So what is the current status of the “because of sex” element to Title VII coverage? Which courts are protecting employees from sexual orientation and transgender discrimination and which aren’t? What will the U.S. Supreme Court do with the three cases on which it has accepted certiorari? Are there local ordinances or pending legislation that protect or propose to protect LGBT workers?

If you subscribed to the HR Hotline, you could just call your lawyer and ask!

Kevin Mosher