The Supreme Court Rules That Title VII Prohibits Discrimination Based On Sexual Orientation and Gender Identity
In a historic 6-3 decision, the United State Supreme Court ruled in Bostock v. Clayton County Georgia that Title VII prohibits discrimination based on sexual orientation and gender identity.
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As we previously reported, on October 8, 2019, the United States Supreme Court consolidated and heard oral arguments in three significant sex discrimination cases regarding Title VII’s coverage of sexual orientation and transgender status discrimination.
Unemployment Compensation during the COVID-19 Pandemic
Historically, unemployment compensation benefits have been limited to individuals who lost their jobs through no fault of their own and could not find work despite actively seeking work. However, as a result of the State of Emergency declared by Governor DeWine on March 9, 2020 and the subsequent “Stay at Home Orders”, an unprecedented number of employees filed for unemployment compensation benefits.
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Concerns for Employers in Reopening
As businesses begin to reopen nationwide and work to become economically viable again, they face emerging litigation trends. One such trend involves lawsuits against employers for allegedly insufficient COVID-19 protocols and safety measures. Plaintiffs contend that some businesses risk the health of not only their employees, but also the employees’ family members and the general public as well. Such lawsuits are known as “derivative exposure claims”.
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SCOTUS Rules in Favor of Gay and Transgender Workers
This week, the Supreme Court of the United States issued a decision in a landmark case regarding protections for LGBTQ employees. The decision makes it unlawful for an employer to refuse to hire or to discharge any individual or otherwise to discriminate against any individual because of an individual’s sex, among other things. The Court found “an employer who fires an individual merely for being gay or transgender violates Title VII.
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EEOC Clarifies Employer COVID-19 Testing
The U.S. Equal Employment Opportunity Commission (EEOC) added to the publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”, a technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic.
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Events
- The Path Forward: Legal & Safety Considerations to Prepare Your Workplace for Return Amid the COVID-19 PandemicRead more
