Published: May 30, 2017

Earlier this month, in the first known transgender rights disability discrimination case,  a judge in the US District Court for the Eastern District of Pennsylvania held that a person who suffers from gender dysphoria may be protected by the American with Disabilities Act’s (ADA) prohibition on discrimination in employment.  In particular, Judge Joseph F. Leeson, Jr. held that gender dysphoria does not fall within the category of “gender identity disorders” which are excluded by the ADA, using a narrow interpretation of that term.

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Published: April 6, 2017

For the first time, a United States Court of Appeals ruled that Title VII of the 1964 Civil Rights Act (“Title VII”) prohibits discrimination based on sexual orientation. After agreeing to rehear the issue, the Seventh Circuit reversed the District Court’s decision dismissing the plaintiff’s case finding that it is impossible to discriminate on the basis of sexual orientation without also discriminating on the basis of sex.
 

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Published: November 7, 2016

Last week, on November 4, 2016, a District Judge in the Eastern District of Pennsylvania held that discrimination based on sexual orientation constitutes sex stereotyping and is prohibited by Title VII. EEOC v. Scott Medical Health Center, 2:16-cv-00225 (E.D. Pa. Nov. 4, 2016).  The Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit on behalf of Dale Baxley, a gay male employee who worked for Scott Medical Health Center PC. Mr. Baxley alleges that he was constructively discharged due to an alleged sexually hostile work environment.

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Published: September 30, 2016

On September 16, 2016, in Christiansen v. Omnicom Group Inc. et al., 16-cv-748 (2d Cir 2016), ad agency DDB Worldwide (“DDB”) argued before the Second Circuit that Title VII does not support discrimination claims based on sexual orientation. 

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