Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Case Notes
EEOC Files Landmark Sexual Orientation Discrimination Charges
In May, The U.S. Equal Employment Opportunity Commission (EEOC) filed its first suits challenging sexual orientation discrimination as sex discrimination ' one has its origin in Pennsylvania and the other case originates from Maryland. In two separate lawsuits, the agency charges that a gay male employee and a lesbian employee were subjected to hostile work environments because of their sex.
In the two present charges, the agency filed suit in the U.S. District Court for the Western District of Pennsylvania against Scott Medical Health Center and in the U.S. District Court for the District of Maryland, Baltimore Division, against IFCO Systems. In its suit against Scott Medical Health Center, the EEOC charged that a gay male employee was subjected to harassment because of his sexual orientation: The employee's manager repeatedly referred to him using various anti-gay epithets and made other highly offensive comments about his sexuality and sex life. When he complained to the clinic director, the director responded that the manager was “just doing his job” and refused to take any action to stop the harassment, according to the suit. After enduring weeks of such comments by his manager, he quit rather than endure further harassment.
In its suit against IFCO Systems, the EEOC charged that a lesbian employee was harassed by her supervisor because the latter made numerous comments to her regarding her sexual orientation and appearance.
The EEOC's holding based on Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998) and other case law is straightforward ' Title VII prohibits discrimination on the basis of sex, including irrational sex stereotyping. The EEOC's views on the scope of Title VII are considered persuasive, but not a binding authority in litigation. Unfortunately, the EEOC's view that discrimination based on sexual orientation is sex-based discrimination already runs counter to several circuit courts. The thought that the agency's ruling will be as widely followed as its ruling concerning transgender discrimination may be misplaced. Over a 30-year time period, Congress has repeatedly refused to add “sexual orientation” to employment protections.
The EEOC fights for equality within the employment sphere and to that end it has heightened coverage of lesbian, gay, bisexual and transgender individuals under Title VII's sex discrimination provisions to one of six national priorities identified by the EEOC's Strategic Enforcement Plan (SEP). Not surprisingly, the next president will play a determining role in whether or not the EEOC's ruling has a broader impact. ' Angela Giampolo , Giampolo Law Group
'
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.