newsletter
EMPLOYMENT PRACTICES GROUP FALL 2016
The EEOC’s Push to Expand Employees’ Rights Under Title VII to Include
Protection from Workplace Discrimination on the Basis of Sexual Orientation
By Ian Mitchell and Joseph Borchelt
Over the last ve years, members of the
LGBTQ community have had much to
celebrate as traditional barriers to equality
have been knocked down one-by-one by
the federal government. In 2010, the Patient
Protection and Aordable Care Act provided
equal access to health care for all Americans,
regardless of an individual’s gender
identication or sexual orientation.1 In 2013,
the United States Supreme Court decided
United States v. Windsor, a case which held
that Section 3 of the Defense of Marriage Act
was unconstitutional because it purported
to enact a federal denition of marriage
that conicted with marital rights already
conferred on same-sex couples by certain
states.2 In March 2015, the U.S. Department
of Labor revised the regulatory denition of
P1
EEOC’s Push to Expand Employees’ Rights Under
Title VII to Include Protection from Workplace
Discrimination on Basis of Sexual Orientation
P3
Legalization of Medical Marijuana – Now What?
P4
Minimize the Legal Risks of Layoffs by Careful
Consideration of Federal Layoff Laws
P6
Employers May Need to Offer Accommodations to
Job Applicants & Employees Even If They Do Not
Ask for An Accommodation
P7
Employers Must Re-Examine Overtime Practices
After Department of Labor Drastically Restricts
Exemptions