Sexual Orientation Discrimination

A new YouGov/Huffington Post survey on employment discrimination against homosexuals has some interesting statistics.  The most startling is that by a 62% to 14% margin, the American public believes that it is currently illegal to fire an employee for being gay or lesbian.  Other results are below, without comment.

Wanna see the results broken down

Although Title VII does not prohibit employment discrimination on the basis of sexual identity or orientation, nonetheless same sex discrimination and/or sexual harassment is.  (While Title VII affords no protection against discrimination based upon sexual orientation, an increasing number of states and municipalities have passed such laws, such as NYS and NYC).   See our post 

347125_sOn November 2, 2012, we reported that a federal court in Michigan had enjoined the application of the rule of the Patient Protection and Affordable Care Act (“ACA”) that would have required a “secular, for-profit, family owned and operated corporation” owned by a practicing Catholic to provide employee health insurance that covers contraception.


With our post yesterday on what we feel will be the growth of cases involving religion and the “ministerial exception,” we received an insightful question from Joanne Albertsen, a NYC attorney:

“Really interesting series of cases. I wonder if we’ll see more of these cases arise for employees of religious orgs as the status

The Boston Globe and have reported what may be a legal first – a case just filed with the Massachusetts Commission Against Discrimination (MCAD) against a religiously affiliated college prep school by a gay man who claims that his offer of employment was withdrawn after the school discovered that he listed a “husband” as

Sexual orientation is not covered under Title VII, although many states and municipalities do include this in their anti-discrimination statutes.  Many predict, however, that it is only a matter of (a short) time before Title VII covers sexual orientation.

A case out of New Zealand gives us a foreshadowing of what we might expect by

The Israeli Knesset’s Ministerial Law Committee approved a bill and sent it to the full Knesset which, if it passes, which is likely,  would prohibit employment discrimination (and discrimination in, among other things, housing, medical care, and education) on the basis of gender or sexual preference.

In fact, the law would require all laws against

What does this UK case have that a similar US case does not?  In the US, this plaintiff would have no federal legal right to sue for sexual orientation discrimination or harassment (although many states and municipalities in fact do have laws prohibiting such discrimination/harassment).

In the UK case, the plaintiff claimed that her boss

As we noted in our post earlier today, the US v Windsor decision mandates changes to a variety of employer policies.  We have also noted that the decision may impact enrollment in benefit plans in states where same-sex marriage is recognized.

USA Today is reporting that Wal-Mart has recently announced that it will go beyond