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The Second and Seventh Circuits—in contrast to the Eleventh Circuit—have concluded that Title VII prohibits discrimination based on sexual orientation, and the Sixth Circuit recently held that discrimination against transgender employees also violates Title VII (while also reversing the district court’s decision to accept the employer’s “religious freedom” defense). In the face of federal legislative and judicial intransigence over the last few decades, many states and localities have filled the gaps with statutes and ordinances protecting LGBT workers. Our panel will explore these trends at the federal, state and local level. Panelists will review significant court decisions, such as Zarda v. Altitude Express (2d Cir. 2018) (holding that sexual orientation discrimination violates Title VII); Blatt v. Cabela's Retail (E.D. Pa. 2017) (holding, under canon of constitutional avoidance, that the ADA’s exclusion of “transsexualism” does not encompass gender dysphoria); and the anticipated U.S. Supreme Court ruling in Masterpiece Cakeshop. They also will discuss recent and anticipated legislative changes, including the rise of so-called “religious liberty” laws, such as Mississippi’s HB1523.
This course has been approved in CA, OK, VT and IL. Please see your state's MCLE site for more information or to find out if attorneys may earn credit through reciprocity or self-submission.
Greg R. Nevins Greg R. Nevins is the Director of Lambda Legal's Employment Fairness Project and works out of its Southern Regional Office in Atlanta. Among other cases, he has successfully argued Hively v. Ivy Tech Community College, (7th Cir. 2017) (en banc) (the...MoreGreg R. Nevins is the Director of Lambda Legal's Employment Fairness Project and works out of its Southern Regional Office in Atlanta. Among other cases, he has successfully argued Hively v. Ivy Tech Community College, (7th Cir. 2017) (en banc) (the first federal appellate court ruling in the nation that Title VII covers sexual orientation discrimination); Zarda v. Altitude Express (2d Cir. 2018) (the second federal appellate court ruling in the nation that Title VII covers sexual orientation discrimination); and Glenn v. Brumby (11th Cir. 2011) (transitioning employee held to have suffered sex discrimination). Mr. Nevins also successfully argued the sexual orientation discrimination coverage position in amici briefs in numerous district courts in EEOC v. Scott Med. Health Ctr. (W.D. Pa. 2016); Hall v. BNSF Ry. Co. (W.D. Wash. Sept. 22, 2014); and TerVeer v. Billington (D.D.C. 2014). He also argued the issue of Title VII's coverage of sexual orientation discrimination to the Eleventh Circuit Court of Appeals. That court's refusal to revisit old precedent en banc prompted an unsuccessful certiorari petition in Evans v. Georgia Regional Hospital. Because the U.S. Supreme Court declined to resolve the circuit split, Mr. Nevins is continuing the fight in an appeal in the Eighth Circuit in Horton v. Midwest Geriatric Mgmt., on behalf of Mark Horton, whose job offer was rescinded when he revealed in an email to the company that “My partner has been on me about [my MBA] since he completed his PHD a while back.” Collapse
Lisa C. Stratton Lisa Stratton is a co-founder and Senior Counsel at Gender Justice in St. Paul, MN, where she specializes in gender discrimination cases. She began her career at the University of Minnesota Law School, where she later joined the faculty as a...MoreLisa Stratton is a co-founder and Senior Counsel at Gender Justice in St. Paul, MN, where she specializes in gender discrimination cases. She began her career at the University of Minnesota Law School, where she later joined the faculty as a professor and director of the Workers' Rights Clinic. She has won noteworthy federal cases on behalf of undocumented immigrant workers and women trailblazing in male-dominated industries, such as paper mills and processing plants. In 2014, she was a key advocate at the Minnesota legislature. As part of her work leading Gender Justice's policy program, she lobbied for the progressive public policy changes in Minnesota's groundbreaking Women's Economic Security Act. Collapse
June 29, 2018
Program Titles and Supporting Materials
This program contains the following components:
Federal, State & Local Protections For LGBT Workers - Audio
Federal, State & Local Protections For LGBT Workers - Paper
How To Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed
internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like.
Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.
If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below).
If electing credit for this program, registrants in jurisdictions not listed below will receive a
Certificate of Completion that may or may not meet credit requirements in other jurisdictions.
Where applicable, credit will be only awarded to a paid registrant completing
all the requirements of the program as determined by the selected accreditation authority.