Category LGBT

California S.B. 292: Sex-Based Harassment Claims No Longer Require Sexual Desire Element

by Daniel Clark In response to Kelley v. Conco Companies, in which the California Court of Appeal affirmed the dismissal of a same-sex sexual harassment claim for lack of proof that the harassment was “an expression of actual sexual desire or intent,” the state legislature approved and Governor Brown signed S.B. 292, which will revise […]

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Why Marriage Equality Matters to the Labor Market

by Jay Shannon, 2013-2014 Co-Editor-in-Chief The Supreme Court’s recent foray into the rights of gays and lesbians under the U.S. Constitution has catapulted the issue to the forefront of legal discussion. Noticeably absent in many publicized conversations is the impact of existing law on our current labor market in the United States. The Court’s rulings […]

Macy v. Holder

Transgender people are covered by a federal prohibition on sex-based employment discrimination under Title VII of the Civil Rights Act of 1964.  Mia Macy presented herself as a man when she was offered a job as a ballistics investigator upon a satisfactory background check, but the lab director revoked the offer several days after Macy […]

President Obama Refuses to Issue Ban on Gay Discrimination

President Obama has refused to issue an executive order that would have prevented federal contractors from discriminating against employees and potential employees, based on their sexual orientation or gender identity. Given the upcoming election, gay activists have accused the President of valuing his own political career over the civil liberties of Americans. Tico Almeida, the […]

Former Michigan Assistant Attorney General Fired for Homophobic Blog

In November 2010, former Michigan assistant attorney general Andrew Shirvell was fired for his homophobic rants on his personal blog.  Shirvell’s comments were directed at Chris Armstrong, then a University of Michigan student who was the first openly gay student assembly president at the university. Shirvell maintains that his speech was protected by the First […]

Russian Airline Forces Gay Employee Into Heterosexual Marriage

Russia’s largest airline, Aeroflot, reportedly forced a gay flight attendant into a heterosexual marriage in order to keep his job. Maxim Kupreev, a 25 year old gay man, was given the ultimatum by Aeroflot to either marry a woman or lose his job. Kupreev married an old friend at the end of 2011 in a […]

Atlanta PD Refuses to Hire Man Allegedly Because He Has HIV

An Atlanta man has alleged that the Atlanta Police Department (APD) has violated federal law and not hired him because he is HIV positive. Roe, a pseudonym to protect his future employment interests, originally filed a claim in September 2008 with the U.S. District Court for the Northern District Court of Georgia claiming hiring discrimination […]

HP: PA Woman Fired for Wearing Prosthetic Penis to Work

A Pennsylvania woman has filed suit after her New Jersey-based employers allegedly dismissed her for wearing a prosthetic penis to work. The Philadelphia Daily News cites a federal civil rights complaint filed by Pauline Davis Wednesday, which says she wore the device to the J&J Snack Foods plant in Moosic, Lackawanna County as she was contemplating […]

Effects of a Potential Repeal of DOMA

The Senate Judiciary Committee recently approved a Bill that would repeal the Defense of Marriage Act (DOMA).  This Bill has little to no chance of passing either the House or the Senate, at least in the current Congress.  However it is interesting to think of some of the potential impacts such a repeal would have […]

Utilizing Momentum for Equality – the Repeal of DOMA in the Wake of DADT… is ENDA Next?

This past February, President Obama announced that the White House would no longer support or defend the Defense of Marriage Act (DOMA), which was signed into law in 1996 by President Bill Clinton. Due to the constant constitutional challenges to the controversial Act, Republican leaders hired former SG Paul Clement to defend the Act for […]