Supreme Court Denies Review in Title VII Sexual Orientation Discrimination Case

The U.S. Supreme Court announced on December 11 that it will not review a decision by a three-judge panel of the Atlanta-based 11th Circuit Court of Appeals, which ruled on March 10 that a lesbian formerly employed as a security guard at a Georgia hospital could not sue for sexual orientation discrimination under Title VII of the Civil Rights Act of 1964.  The full 11th Circuit denied a motion to reconsider the case … <Read More>


Lecture for Investiture as Robert F. Wagner Professor of Labor and Employment Law


Landmark Federal Appeals Ruling Holds Sexual Orientation Discrimination Violates Title VII

The full bench of the U.S. Court of Appeals for the 7th Circuit, based in Chicago, substantially advanced the cause of gay rights on April 4, releasing an unprecedented decision in Kimberly Hively v. Ivy Tech Community College, 2017 WL 1230393, holding that Title VII of the Civil Rights Act of 1964, which applies generally to all employers with fifteen or more employees as well as many federal, state and local government operations, prohibits … <Read More>


Federal Court in NYC Dismisses Sexual Orientation Discrimination Claim under Title VII

In 2000, the U.S. Court of Appeals for the 2nd Circuit, which has appellate jurisdiction over cases in the federal trial courts in New York, rejected the argument that sexual orientation discrimination claims could be dealt with as sex discrimination claims under federal law, but was open to the possibility that a gay litigant who had suffered discrimination because of failure to conform with the employer’s stereotypical views of appropriate gender behavior could pursue … <Read More>


Oregon Appeals Court Affirms Damages Award Against Bar That Ousted LGBT Social Club

The Court of Appeals of Oregon has affirmed an award of $405,000 against a North Portland bar and the bar’s owner, Chris Penner, upon a finding by the Oregon Bureau of Labor and Industries (OBLI) that they violated the state’s public accommodations law by denying “equal accommodations” to an informal social club that included gay and transgender people. Blachana, LLC v. Oregon Bureau of Labor and Industries, 273 Ore. App. 806, 2015 Ore. App. … <Read More>