Sexual Orientation Discrimination: What You Need to Know About the EEOC’s Cur...Parsons Behle & Latimer
Parsons Behle & Latimer Employment Law Seminar - October 11, 2016 - Boise, Idaho
Recently, the EEOC has begun challenging sexual orientation discrimination as a form of illegal gender bias. Liz will discuss the background of the EEOC’s approach and suggest ways your company can avoid becoming a target of a discrimination suit.
The current Platform of the Democratic Party. 49% of Americans say the Democratic Party is “too liberal”; current trends point to a polarization of the Democratic Party that began with "Reagan Democrats" in the 1980s. This polarization indicates the possibility of a future split within the party of "Democrats" and "Socialists". Many policies in the party today mirror the far left policies of European socialist parties.
Randy A. Fleischer filed his first federal employment discrimination lawsuit in 1990. He knows how it feels to be a victim of discrimination as he was the plaintiff, pro se, in that lawsuit. While still in Nova Law School, Mr. Fleischer won every major motion in federal court against one of the largest labor law firms in the country
Sexual Orientation Discrimination: What You Need to Know About the EEOC’s Cur...Parsons Behle & Latimer
Parsons Behle & Latimer Employment Law Seminar - October 11, 2016 - Boise, Idaho
Recently, the EEOC has begun challenging sexual orientation discrimination as a form of illegal gender bias. Liz will discuss the background of the EEOC’s approach and suggest ways your company can avoid becoming a target of a discrimination suit.
The current Platform of the Democratic Party. 49% of Americans say the Democratic Party is “too liberal”; current trends point to a polarization of the Democratic Party that began with "Reagan Democrats" in the 1980s. This polarization indicates the possibility of a future split within the party of "Democrats" and "Socialists". Many policies in the party today mirror the far left policies of European socialist parties.
Randy A. Fleischer filed his first federal employment discrimination lawsuit in 1990. He knows how it feels to be a victim of discrimination as he was the plaintiff, pro se, in that lawsuit. While still in Nova Law School, Mr. Fleischer won every major motion in federal court against one of the largest labor law firms in the country
A U-Visa lets victims of crimes who meet certain requirements stay in the United States. A U-Visa provides the following benefits:
You can legally live in the United States for four years. After three years of having a U-Visa you can apply for a green card to stay in the U.S. permanently. (And if you get a green card, you can eventually apply to become a U.S. citizen).
With a U-Visa you can get permission to work in the United States.
Some of your family members might also be able to get a U-Visa
With a U-Visa you might be eligible for certain public benefits in some States like California and New York.
To learn more about Deferred Action for Childhood Arrivals (DACA), please contact Elizee Hernandez Law Firm at (305) 371-8846, or on our website www.elizeehernandez.com.
Illustrating the expansion of civil liberties from de jure to de facto protections. The distinction between civil rights and civil liberties. Case summaries illustrating facially neutral and constitutionally invalid holdings: Yick Wo v. Hopkins, Washington v. Davis, Bradley v. Pizzaco of Nebraska, Fitzpatrick v. City of Atlanta, and Gratz v. Bollinger.
Expanding fundamental constitutional rights through the Fourteenth Amendment. The distinction between Dejure and De facto. The distinction between civil rights and civil liberties. Yick Wo v. Hopkins illustration of disparate impact of licensing laundries. Washington v. Davis illustration of disparate impact based on culturally biased employment application test. Bradley v. Pizzaco of Neb. illustration of disparate impact based on neutral requirement to be clean shaven. Gratz v. Bollinger illustration of disparate impact in college admission practices.
The Complete Steps to Becoming a United States (U.S.A.) Citizen Nobong Barrientos
Becoming a U.S. citizen gives you new rights and privileges: it shows your patriotism, allows you to vote, you obtain government benefits, and you are able to able to become a permanent resident of the United States. Being a citizen also carries with it new responsibilities. This guide will inform the reader of how to become a U.S. citizen, and answer some frequently asked questions. This guide is not meant as a substitute for legal advice. Should you have any questions or concerns you should contact legal counsel. ---The Complete Steps to Becoming a United States (U.S.A.) Citizen
Al Green (politician) wikipedia (highlighted)VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
Al Green's Bio and/or Biography – Do you know this HOUSE NEGRO?
In our pursuit of the OVERTHROW of the United States’ DESPOTISM Government Regime, we intend to seek the PROSECUTION of these House Negroes (i.e. some of which are LAWYERS). Please NOTE “HOW Many” were EDUCATED under WHITE INSTITUTIONS!
While the AGE REQUIREMENT is 25 Years Old to serve as a United States SENATOR and/or REPRESENTATIVE, as of 2017, the AGE RANGE for the House Negroes Serving is BETWEEN 40 – 88 Years Old!
This is SIGNIFICANT because the House Negroes Placed in the United States Congress are those who GREW UP in the Heart of the CIVIL RIGHTS Movement and EXPERIENCED the BRUTAL Murders/Killings of Civil Rights Leaders as Medgar Evers, Malcolm X and Martin Luther King Jr. Therefore, MAKING them EASY PREY to be CONTROLLED by THREATS and FEAR on their Lives and their Family Members MADE by WHITE Jews/Zionists and WHITE Supremacists!
Help BRING these HOUSE NEGROES to JUSTICE for the ROLES they have PLAYED in the TERRORIST/RACIST/DISCRIMINATORY Practices of the United States’ DESPOTISM Government Regime!
This House Negro had a DUTY and OBLIGATION to NOTIFY the Public/World of the Illegal/Unlawful Occupation of the DESPOT presently CONTROLLING and RUNNING the United States’ DESPOTISM Government Regime!
Moreover, the THREATS made (if any) by WHITE Jews/Zionists and WHITE Supremacists AGAINST them and/or their Family Members, Friends, etc.
Domestic Violence In Asian Communitiesaraeshbhe710
This presentation was created by three masters level students at the University of Michigan in the School of Public Health and School of Social Work. It is meant as an educational tool and introduction to the often hidden issue of domestic violence in Asian American communities. For more information, please visit http://silentmarks.wordpress.com
Remembering the Pink Triangle by Dr. Lisa Van ZwollLisa Van Zwoll
“Remembering the Pink Triangle: LGBTQ+ History on Human Rights.” Florida State College at Jacksonville Human Rights Week Event (January 2019). | Ever wonder why the pink triangle is a symbol for the LGBTQ+ community? Come explore human rights through the lens of LGBTQ+ history as we examine the movements that continue to shape the progression of civil liberties. Learn more about FSCJ, local and international LGBTQ+ resources.
The Brutal Impact of Anti-Immigrant Laws on WomenPrerna Lal
In the aftermath of SB1070, I traveled to Arizona as part of a group of women leaders to conduct a fact-finding mission on how anti-immigrant laws affect women and children in the state. This powerpoint is a presentation that I developed from the organic, grassroots research conducted in Arizona.
A U-Visa lets victims of crimes who meet certain requirements stay in the United States. A U-Visa provides the following benefits:
You can legally live in the United States for four years. After three years of having a U-Visa you can apply for a green card to stay in the U.S. permanently. (And if you get a green card, you can eventually apply to become a U.S. citizen).
With a U-Visa you can get permission to work in the United States.
Some of your family members might also be able to get a U-Visa
With a U-Visa you might be eligible for certain public benefits in some States like California and New York.
To learn more about Deferred Action for Childhood Arrivals (DACA), please contact Elizee Hernandez Law Firm at (305) 371-8846, or on our website www.elizeehernandez.com.
Illustrating the expansion of civil liberties from de jure to de facto protections. The distinction between civil rights and civil liberties. Case summaries illustrating facially neutral and constitutionally invalid holdings: Yick Wo v. Hopkins, Washington v. Davis, Bradley v. Pizzaco of Nebraska, Fitzpatrick v. City of Atlanta, and Gratz v. Bollinger.
Expanding fundamental constitutional rights through the Fourteenth Amendment. The distinction between Dejure and De facto. The distinction between civil rights and civil liberties. Yick Wo v. Hopkins illustration of disparate impact of licensing laundries. Washington v. Davis illustration of disparate impact based on culturally biased employment application test. Bradley v. Pizzaco of Neb. illustration of disparate impact based on neutral requirement to be clean shaven. Gratz v. Bollinger illustration of disparate impact in college admission practices.
The Complete Steps to Becoming a United States (U.S.A.) Citizen Nobong Barrientos
Becoming a U.S. citizen gives you new rights and privileges: it shows your patriotism, allows you to vote, you obtain government benefits, and you are able to able to become a permanent resident of the United States. Being a citizen also carries with it new responsibilities. This guide will inform the reader of how to become a U.S. citizen, and answer some frequently asked questions. This guide is not meant as a substitute for legal advice. Should you have any questions or concerns you should contact legal counsel. ---The Complete Steps to Becoming a United States (U.S.A.) Citizen
Al Green (politician) wikipedia (highlighted)VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
Al Green's Bio and/or Biography – Do you know this HOUSE NEGRO?
In our pursuit of the OVERTHROW of the United States’ DESPOTISM Government Regime, we intend to seek the PROSECUTION of these House Negroes (i.e. some of which are LAWYERS). Please NOTE “HOW Many” were EDUCATED under WHITE INSTITUTIONS!
While the AGE REQUIREMENT is 25 Years Old to serve as a United States SENATOR and/or REPRESENTATIVE, as of 2017, the AGE RANGE for the House Negroes Serving is BETWEEN 40 – 88 Years Old!
This is SIGNIFICANT because the House Negroes Placed in the United States Congress are those who GREW UP in the Heart of the CIVIL RIGHTS Movement and EXPERIENCED the BRUTAL Murders/Killings of Civil Rights Leaders as Medgar Evers, Malcolm X and Martin Luther King Jr. Therefore, MAKING them EASY PREY to be CONTROLLED by THREATS and FEAR on their Lives and their Family Members MADE by WHITE Jews/Zionists and WHITE Supremacists!
Help BRING these HOUSE NEGROES to JUSTICE for the ROLES they have PLAYED in the TERRORIST/RACIST/DISCRIMINATORY Practices of the United States’ DESPOTISM Government Regime!
This House Negro had a DUTY and OBLIGATION to NOTIFY the Public/World of the Illegal/Unlawful Occupation of the DESPOT presently CONTROLLING and RUNNING the United States’ DESPOTISM Government Regime!
Moreover, the THREATS made (if any) by WHITE Jews/Zionists and WHITE Supremacists AGAINST them and/or their Family Members, Friends, etc.
Domestic Violence In Asian Communitiesaraeshbhe710
This presentation was created by three masters level students at the University of Michigan in the School of Public Health and School of Social Work. It is meant as an educational tool and introduction to the often hidden issue of domestic violence in Asian American communities. For more information, please visit http://silentmarks.wordpress.com
Remembering the Pink Triangle by Dr. Lisa Van ZwollLisa Van Zwoll
“Remembering the Pink Triangle: LGBTQ+ History on Human Rights.” Florida State College at Jacksonville Human Rights Week Event (January 2019). | Ever wonder why the pink triangle is a symbol for the LGBTQ+ community? Come explore human rights through the lens of LGBTQ+ history as we examine the movements that continue to shape the progression of civil liberties. Learn more about FSCJ, local and international LGBTQ+ resources.
The Brutal Impact of Anti-Immigrant Laws on WomenPrerna Lal
In the aftermath of SB1070, I traveled to Arizona as part of a group of women leaders to conduct a fact-finding mission on how anti-immigrant laws affect women and children in the state. This powerpoint is a presentation that I developed from the organic, grassroots research conducted in Arizona.
Sexual Orientation Discrimination: What You Need to Know About the EEOC’s Cur...Parsons Behle & Latimer
28th Annual Parsons Behle & Latimer Employment Law Seminar - April 28, 2016 - Salt Lake City, Utah
Recently, the EEOC has begun challenging sexual orientation discrimination as a form of illegal gender bias. Liz will discuss the background of the EEOC’s approach and suggest ways your company can avoid becoming a target of a discrimination suit.
Rodriguez 1
Diego Rodriguez
Winston Padgett
Government 2305, Sect. 049
Monday, April 14, 2014
Same Sex Marriage: Constitutional and Cultural Considerations Outline
Same sex marriage - is a highly controversial topic in the United States. It impacts our culture and, in many regards to religious beliefs
I. Why and how the U.S. Supreme Court has issued two important rulings that opened up room in constitutional jurisprudence for consideration of gay rights.
A. Yet the vast majority of other states have adopted statutes or constitutional amendments banning same-sex marriage. Do they right to revolt against government tyranny and fight for their rights
B. What states approve of same sex marriage? Which states deny same sex marriage? How has this happen?
II. In this Article, I argue that an individual who marries in her state of domicile and then migrates to a mini-defense of marriage act state has a significant liberty interest under the Fourteenth Amendment's Due Process Clause in the ongoing existence of her marriage.
A. Section 1 ARTICLE IV “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.”
B. Courts generally agreed right applies to individuals
C. Government permitted to limit some rights of marriage by same sex.
D. Questions today center around: What bans our enforced presently on same sex marriage? Should it be mandatory for gays that want marriage neutral principle grounded in core Due Process Clause values: protection of reasonable expectations and of marital and family privacy, respect for established legal and social practices, and rejection of the idea that a state can sever a legal family relationship merely by operation of law?
III. Court cases outcome for gay marriages
A. The article cites a survey on the constitutional amendment banning gay marriage in the U.S. which found that 50% of the American people are in favor of the amendment banning same-sex marriages while 47% strongly opposed.
B. This survey was conducted by Gallup Poll Ltd. conducted on May 8-11, 2006. Findings also revealed that 66% of the Republicans favor the constitutional amendment defining marriage as a heterosexual institution while 55% of the Democrats opposed the amendment.
C. United States v. Windsor, a narrow majority ruled that Section 3 of the Defense of Marriage Act, which comprehensively defined "marriage" and "spouse" in federal law to exclude same-sex partners, was unconstitutional.
D. In Hollingsworth v. Perry, the Court let stand a trial-court ruling invalidating California's Proposition 8, which outlawed same-sex marriage. Will Fourteenth Amendment still not incorporated to protect gay marriage
IV. There have been and there will continue to be disagreements about the merits of same-sex marriage. But disagree ...
EEOC and Title VII: Analysis of the EEOC's position on sexual orientation under Title VII, including a discussion of the Supreme Court's same sex marriage ruling in Obergefell v. Hodges and the seemingly competing standards of Title VII.
Recent NLRB Decisions: A discussion of the practical impact of recent NLRB decisions on the day-to-day enforcement of workplace policies, including arbitration agreements, workplace conduct policies, severance agreements and investigation procedures.
Dr. William Allan Kritsonis, School Law, Employment Relationships, Termination, School District Restrictions, Law for Teachers, Due Process, Discrimination of Employment.
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning.
Employment Discrimination in Florida: When Is It IllegalRichard Celler
If you believe you have been the victim if illegal employment discrimination you should consult with an experienced
Florida employment law attorney to find out what legal options you may have; however, all employees should have a basic understanding of what constitutes illegal employment discrimination so that they can recognize it should it happen to them. Learn more about employment discrimination in Florida in this presentation.
Sparrow hospital cultural competency discussion series – lgbt slideshow uploa...Howard Spence
This is a slide show presentation offered as a part of a panel discussion at a continuing education training program for doctors and nurses sponsored by Sparrow Health System (Sparrow Hospital) in the Greater Lansing Michigan area on May 14, 2014. The panel consisted of Alan Fincus, an RN at Sparrow Hospital, Howard T. Spence, Attorney and Consultant in Diversity issues, Chris Swope, City of Lansing Clerk, and Madeleine Townsend, Community Activist.
This discussion was based on an incident in the Detroit metropolitan area during March, 2015, where a licensed medical doctor (pediatrician) refused to provide health care services to a 6 day old baby based on the pediatrician's determination that her own personal religious beliefs prevented her from accepting a doctor relationship with the child because the child's parents were a pair of legally married lesbians.
The BoyarMiller Breakfast Forum returned in person discussing The Future of Houston: What's Shaping Our Economy. The panel of featured guests featured a variety of perspectives from Houston experts in Capital Markets, Energy, and Real Estate.
Read more to learn what our panel shared, as well as their insights and expertise on the state of Houston's economy — the current state and where it is going, local energy trends, and how real estate trends give insight to Houston's future.
The discussion included:
-How technology advancements are aiding office "right-sizing"
-What is and is not moving in the energy sector
-What does the office of tomorrow look like
-What lenders are looking for
-Availability of and access to capital for middle market businesses
BoyarMiller ACC Oct 11 2022 Presentation.pptxBoyarMiller
BoyarMiller Shareholders Chris Hanslik and Andrew Pearce, alongside Celina Carter of BWC Terminals, shared their professional corporate real estate experience regarding leasing for smooth business operations.
In this session, they covered the key aspects of leases, including:
-What is “privilege”
-Tips for preserving privilege
-Avoiding spoliation of evidence
Information & Insights For Entrepreneurs and EmployeesBoyarMiller
Starting, growing or selling a business is exhilarating. The city of Houston possesses a powerful support network for business owners, but there is much to consider with any new business or growth strategy.
As entrepreneurs ourselves, BoyarMiller understands the pressures entrepreneurs and executives face, and we are passionate about helping them resolve challenges and pursue new opportunities.
Read BoyarMiller's Six Ways to Better Manage Litigation and Your Business eGuide now for tips and insight from our team of attorneys with experience across industries, from oil and gas to real estate to private equity.
ALTTA: Unlocking the Key Aspects of LeasesBoyarMiller
BoyarMiller Shareholders discuss leasing for smooth business operations. In this session, they discuss:
- Rights a tenant can waive or contract away, as well as rights tenants cannot waive or contract away
- Maintenance obligations
- Subletting, relocation, and transfers
- Landlord concerns, such as deposits, security, and guaranty
- How to handle planned or unplanned interruptions, such as service interruptions, casualty, or condemnation
- Preparing for different events of default
BoyarMiller's State of the Capital Markets eBookBoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller hosted three financial experts for a moderated discussion on The Current State of the Capital Markets 2019. The panelists were: Kamden D. Kanaly, CFP®, Chairman, KDK Private Wealth Management; John Sarvadi, Executive Managing Director, Corporate Banking, Texas Capital Bank; and Scott D. Winship, Managing Director, GulfStar Group Investment Bankers.
2019 Information & Insights For EntrepreneursBoyarMiller
We understand the challenges and the opportunities in building a business, and we have helped clients put their dreams into action. BoyarMiller serves as a strategic partner for businesses of all size —from entrepreneurs to Fortune 500 companies. Whether you are forming, buying, selling, or expanding a business, we support and help you to advance your business goals by bringing new possibilities into focus with clarity and confidence.
BoyarMiller - A Law to Think About - The Lifecycle of EmploymentBoyarMiller
Shareholders Matt Veech and Steve Keston presented an interactive discussion on employment law considerations from pre-employment and hiring through termination.
BoyarMiller Breakfast Forum: Perspectives on the Energy Industry 2019BoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller gathered industry experts for a moderated discussion on the Perspectives on the Energy Industry 2019. Speakers included with Piper Jaffray, Matt McCarroll with Fieldwood Energy LLC, and Laura Schilling, of Pumpco Services.
BoyarMiller Breakfast Forum: The Houston Commercial Real Estate Markets – Wha...BoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller gathered industry experts for a moderated discussion on the Current State of the Real Estate Markets. Speakers included Jimmy Hinton with HFF, Trey Odom with Avera Companies and Abbey Roberson with Texas Medical Center.
"Treacherous Terms – Drafting Contracts to Avoid Litigation"BoyarMiller
CLE Presentation Content for an ACC Houston event.
Larry Wilson, Shareholder – Business Group
Gus Bourgeois, Shareholder – Business Group
Stacy Stanley Russell, Of Counsel – Litigation Group
Attorneys of BoyarMiller addressed meddlesome contract clauses from an in-house counsel point of view. Diligent contracting on the front end can help protect your client and avoid litigation on the back end. Drawing on their own experiences from prior roles as in-house counsel, our presenters will discuss several timely contractual provisions including indemnity and limitation of liability to show how business and litigation teams can work together to avoid potential conflict.
BoyarMiller: Pro bono in the trial courts and on appealBoyarMiller
HBA Litigation Section presentation October 2018 by BoyarMiller Senior Associate Whitney Brieck. "Ask not what you can do for pro bono, but what pro bono can do for you."
BoyarMiller Breakfast Forum: The Current State of the Capital Markets 2018BoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller gathered industry experts for a moderated discussion on the Current State of the Capital Markets. Speakers included Mark Montgomery with BBVA Compass, Ali Nasser with AltruVista, and Scott Winship of GulfStar Group.
BoyarMiller Perspectives on the Energy Industry 2018BoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller gathered industry experts for a moderated discussion on the Perspectives on the Energy Industry 2018.
Speakers included John Berger with Sunnova Energy, Paul Perea with Tudor, Pickering, Holt & Co, and Sanjiv Shah with Simmons & Company International.
#unplug? Legal and Ethical Challenges in Employment in an Online WorldBoyarMiller
A presentation on the legal and ethical considerations in the employment life cycle from pre-employment through post-termination. Screening applicants, monitoring policies, remote work considerations, and access to social media during and post-employment can create ethical questions and legal ramifications for every company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
3. Current Status of Protections
for LGTBQ Issues
- Gender or Sexual Identity
- Sexual Orientation
- Sex Stereotyping or Gender Nonconformity
4. PAGE
“A person’s deeply-felt, inherent sense of being a boy, a man, or male; a girl, a woman,
or female; or an alternative gender [such as gender neutral] that may or may not
correspond to a person’s sex assigned at birth or to a person’s primary [biological and
physiological] sex characteristics.”
• Guidelines for Psychological Practice with Transgender and Gender Nonconforming People, American
Psychological Association (2015), PDF available at https://www.apa.org/pi/lgbt/resources/sexuality-
definitions.pdf; see also Definitions Related to Sexual Orientation and Gender Diversity in APA
Documents, American Psychological Association, Pg. 1, available at
https://www.apa.org/pi/lgbt/resources/sexuality-definitions.pdf.
4
Sexual or Gender Identity
5. PAGE
• The term sexual or gender “identity” is used to describe whether one feels like a man
or a woman; i.e., a biologically-male transgender individual has a sexual identity of
female.
• “Transgender” is an umbrella term that is used to describe anyone who presents
outwardly as one gender, but is biologically born the other gender. The term includes
those who have undergone sexual confirmation surgery (transsexuals) and those who
have not.
5
Sexual or Gender Identity
6. PAGE
• “Sexual orientation is . . . based on whether someone is attracted to a people of a sex
different than their own, the same sex, or both sexes (i.e., heterosexual, homosexual,
bisexual).”
– Sexual Orientation and Gender Identity, National Education Association (last visited Sept. 25, 2017),
available at http://www.nea.org/tools/18846.htm.
6
Sexual Orientation
7. PAGE
• Also called gender nonconformity, sex stereotyping is a recognized cause of action
under Title VII, created by the United States Supreme Court in Price Waterhouse v.
Hopkins. 490 U.S. 228 (1989).
• It is a violation of Title VII – and it falls squarely within the protected class of “sex” – to
discriminate against an individual for failing to conform to the traditional notions of
masculinity or femininity. Id. at 251–52.
7
Sex Stereotyping
8. PAGE
The majority of circuits do NOT extend Title VII protection to sexual orientation.
• First Circuit – Higgins v. New Balance Ath. Shoe, Inc., 194 F.3d 252, 259 (1st Cir. 1999).
• Second Circuit – Simonton v. Runyon, 232 F.3d 33, 36 (2d Cir. 2000).
• Third Circuit – Bibby v. Phila. Coca Cola Bottling Co., 260 F.3d 257, 265 (3d Cir. 2001).
• Fourth Circuit – Wrightson v. Pizza Hut of Am., 99 F.3d 138, 143 (4th Cir. 1996).
• Sixth Circuit – Gilbert v. Country Music Ass’n, 432 Fed. Appx. 516, 520 (6th Cir. 2011).
• Eighth Circuit – Williamson v. A.G. Edwards & Sons, Inc., 876 F.2d 69, 70 (8th Cir. 1989).
• Ninth Circuit – Rene v. MGM Grand Hotel, Inc., 305 F.3d 1061, 1063–64 (9th Cir. 2002).
• Tenth Circuit – Medina v. Income Support Div., 413 F.3d 1131, 1135 (10th Cir. 2005).
8
Sexual Orientation Protection
9. PAGE
The majority of circuits do NOT extend Title VII to protect sexual
orientation.
• But the Seventh Circuit recently extended protections to include sexual
orientation:
– Hively v. Ivy Tech Cmy. College of Ind., 853 F.3d 339, 347 (7th Cir. 2017).
9
Sexual Orientation Protection
10. PAGE
BUT, the Supreme Court and many of these circuits do allow lawsuits
that implicate sexual orientation through sexual stereotyping.
• Telling an employee she should walk, talk, or dress more femininely, style her hair or
wear makeup;
• Telling an employee she is too aggressive for a woman or he is too effeminate and
not manly enough;
• Telling an employee that women cannot be both high-up executives and a good
mother;
• Telling an employee that he walks like a girl or talks like a girl.
10
Sexual Orientation Protection
11. PAGE
Executive Order 13672 prohibits discrimination in federal employment
based on sexual orientation or gender identity.
• Signed by President Obama on July 21, 2014;
• Stated goal to “provide for a uniform policy for the Federal Government to prohibit
discrimination and take further steps to promote economy and efficiency in Federal
Government procurement by prohibiting discrimination based on sexual orientation
and gender identity.”
• Executive Order 13672 has NOT been revoked by President Trump.
– U.S. Equal Employment Opportunity Commission, Executive Order 13672 (last visited September 30,
2017) available at https://www.eeoc.gov/eeoc/history/50th/thelaw/11478_11246_amend.cfm
11
Executive Order 13672
12. PAGE
• In 1964, Congress was surely not considering “sexual orientation” when it added sex
into the statute. In fact, sex was proposed at the last minute by a congressman who
hoped the addition would cause Title VII to fail entirely.
• The Employment Non-Discrimination Act (ENDA) has been proposed to every
Congressional Session since 1994 except one. This would amend Title VII to include
sexual orientation within the definition section of sex under the definition section. To
date, each and every effort has failed.
• Courts consider Congress’ refusal to expand “sex” as evidence that it does not mean
anything other than the traditional notions of male and female.
12
What does Congress say about this?
13. PAGE
• The EEOC reads Title VII as it is currently written to include protection of sexual
orientation.
– Baldwin v. Foxx, E.E.O.C. Decision No. 0120133080, 2015 EEOPUB LEXIS 1905, 2015 WL 4397641
(July 16, 2015).
– “Discrimination on the basis of sexual orientation is premised on sex-based preferences, assumptions,
expectations, stereotypes, or norms. ‘Sexual orientation’ as a concept cannot be defined or understood
without reference to sex. . . It follows, then, that sexual orientation is inseparable from and inescapably
linked to sex and, therefore, that allegations of sexual orientation discrimination involve sex-based
considerations.”
13
What does the EEOC say about this?
15. PAGE
• More circuits agree that transgender individuals are covered under Title
VII’s protections than homosexual individuals;
• President Trump has an opportunity to shape the federal judiciary;
• As of September 20, 2017, there were 144 federal court vacancies – all
waiting for Trump appointees; and
• As of today, Trump has not revoked the Obama-era Executive Order
13672.
In closing, some interesting facts…
17. PAGE
• The use and non-use of pharmaceuticals and recreational drugs is governed by the
federal Controlled Substances Act (CSA), which is a comprehensive regulatory scheme
meant to establish uniform nationwide drug policies.
• It is undisputed that the possession and use of marijuana violates the CSA—regardless of
whether it is medically prescribed.
• It is important to keep clear that any state law that purports to legalize the use of
marijuana, for federal purposes, does not.
17
Status of the Law
19. PAGE
(1) Is allowing an employee to use medicinal marijuana a required reasonable
accommodation?
(2) Is an employer’s drug testing (random and during hiring process) policy
impacted by the rise in recreational use laws?
19
How should employers handle marijuana issues in the workplace?
20. PAGE
Does an employer have to allow for the use of medicinal marijuana to
comply with the reasonable accommodation requirements of the ADA?
• Most people who have a prescription for medical marijuana have a disability that is protected
under the ADA.
– Cancer;
– Glaucoma;
– HIV;
– Hepatitis C;
– Crohn’s disease;
– Alzheimer's.
20
Reasonable Accommodation under the ADA?
21. PAGE
The ADA does not require that an employer accommodate by allowing use
of medicinal marijuana.
• Courts that have directly addressed whether the ADA itself requires permission to use
medical marijuana as a reasonable accommodation have all found that the ADA does
not mandate that employer allow for the use of an illegal substance as a reasonable
accommodation for a disability.
• Because even medicinal marijuana is an illegal substance under the CSA,
accommodation is not required under the ADA.
21
Reasonable Accommodation under the ADA?
22. PAGE
Hardin v. CHRISTUS Health Se. Tex. St. Elizabeth, No. 1:10-CV-596, 2012 U.S. Dist.
LEXIS 31444, at *14 (E.D. Tex. 2012)
• Hardin was a 62-year-old, male nurse with Hepatitis C.
• When Hardin was ordered to take a drug test, on the way to the drug test, he picked
up a doctor’s note from his physician recommending that Hardin smoked marijuana to
ease his Hepatitis C symptoms.
• Hardin’s drug test was positive for marijuana and was fired.
• Hardin sued for discrimination under the ADA.
• Court declined to require accommodation because the ADA does not protect use of
illegal substances.
22
Reasonable Accommodation under the ADA?
23. PAGE
If it is not a required accommodation under the ADA, what do state
disability discrimination laws say?
• 29 states, D.C., Guam, and Puerto Rico have medicinal marijuana statutes;
• Most state statutes regarding medicinal marijuana do not address whether
allowing medicinal marijuana use must be considered as a reasonable
accommodation;
• Because most state disability discrimination and accommodation statutes are
modeled after the ADA, most state statutes do not require accommodation for
medicinal marijuana;
• Some of the statutes provide protections to medicinal marijuana card holders
and protections from adverse employment action.
23
What about the States?
24. PAGE
What have state courts said about the obligation to allow medicinal
marijuana as a reasonable accommodation?
• Massachusetts – Barbuto v. Advantage Sales & Mktg., LLC, 477 Mass. 456 (2017)
– Court rejected an employer’s argument that permitting the use of medicinal marijuana is facially
unreasonable because its use is a federal crime.
– The Court explained that the use of medicinal marijuana would not create criminal risks for the employer
(Only person at risk of federal prosecution is the employee)
– However, the Court recognized the potential undue hardship on the employer based on considerations
such as unacceptable safety risks.
– Prior to termination of any such employee, employer must show that it engaged in required “interactive
process” to find a workable accommodation.
24
What about the States?
25. PAGE
• If you have an employee with a medicinal marijuana prescription, the
employer likely does not have to accommodate by allowing for use of
medicinal marijuana.
• But, the employer should be careful before terminating or taking adverse
action because state statutes may provide protections.
• Likely that more change is ahead with medical marijuana becoming more
socially acceptable.
25
What are the takeaways with medicinal marijuana?
27. PAGE
• Because marijuana use remains illegal under federal law – employers have no
obligation to allow an employee’s recreational drug use.
• Employers may continue to test for the presence of marijuana in a person’s system
through random drug testing.
• However, challenges likely await employers with the potential for inconsistent
enforcement of failed random drug tests as recreational use become more
mainstream.
27
What about legal, recreational use?
29. PAGE
• General rule – all employees must be paid the federal
minimum wage and overtime pay for all hours worked over 40
in a given work week.
• However, the FLSA provides for certain exemptions:
– Duties test (Executive, Administrative, Professional); and
– “Salary” test – two separate parts:
• Must be paid on a “salary basis” – employee is paid a regular, set salary instead of an
hourly rate; and
• Must meet a minimum “salary level” – employee must be paid a salary of at least
$455/week ($23,600 annually).
29
The Basics of the FLSA
30. PAGE
• 1938 – $30 per week for execs and admin; No threshold for professionals;
• 1940 – $50 per week for professionals;
• 1975 – $155 per week for execs and admin; $170 per week for professionals
• 2004 – $455 per week for all FLSA exemptions.
30
History of the salary level test:
31. PAGE
• 2014 – President Obama asks the DOL to “update and modernize the regulations”
– The salary level test “has not kept up with our modern economy” – President Obama
• 2016 – Proposed Changes – Were to go into effect December 1, 2016
– $913 per week (equivalent of $47,476 annual salary);
– Applies to executive, administrative and professional exemptions;
– Does not change any of the requirements of the duties tests.
• Other changes:
• Highly compensated employee exemption would be raised from $100,000 per year to $134,004 per
year.
• Salary level would automatically update every three (3) years.
• Updates would aim to keep the salary level to 40th percentile of earnings of all full-time salaried
workers.
31
The “Final Rule”
32. PAGE
21 states filed a lawsuit against the DOL in the Eastern District TX
• On 11/22/16 – EDTX enters Preliminary Injunction which enjoined the DOL from
implementing the Final Rule on 12/1/16.
• On 8/31/17 – EDTX grants SJ in favor of the states challenging the Final Rule—
determines the DOL exceeded its authority with the Final Rule and that it is invalid.
• Court found that the new salary level test would in effect “supplant the duties test” and
“create[] a de-facto salary-only test.”
32
Challenge to the Final Rule
33. PAGE
• A New “Final Rule?” What could change? How and when?
• Alexander Acosta – Secretary of Labor – Confirmation Hearing
– While Acosta did not support the proposed Obama-era Final Rule, he does support increasing the
number of low-income workers who are non-exempt.
– Acosta stated that he believes the salary basis test should be adjusted along with inflation – “I believe
the figure if it were to be updated would be somewhere around $33,000, give or take.”
33
So what do we expect next on the salary basis?
34. PAGE
U.S. Department of Labor’s “Request for Information”
• On 7/26/17 the DOL issued a request for information regarding potential changes to
the Executive, Administrative, Professional, Outside Sales and Computer employee
exemptions.
• RFI sought input regarding:
– Salary level test.
– Duties test.
– Inclusion of non-discretionary bonuses and incentive payments to satisfy portion of salary level test.
– Salary test for “highly compensated employees” (currently any employee over $100,000).
– Automatic updating of salary level tests.
• RFI period ended 9/25/17.
34
What’s Next?
35. PAGE
• Worker classification. Who’s an “employee?”
• Employer/Independent Contractor Analysis.
• Traditional Rule – determination regarding employee/independent contractor
classification was based on a multi-factor test focused on determining the
amount of “control” exerted by the company over the worker.
35
Other Potential Changes from the Trump Administration
36. PAGE
DOL Guidance Letter 2015-1
• Obama administration DOL issued a guidance letter which altered the focus of the
analysis the employee vs. independent contractor question.
• There are still several factors to be considered—but the focus was to be directed at
the “economic realities” of the relationship between the company and worker.
• The more dependent the worker is on the company for job assignments or income—
the more likely the worker could be classified as an “employee.”
36
A Change of Analysis by the Obama DOL
37. PAGE
The result:
• This likely had the impact of increasing the number of workers classified as
“employees;”
• If more workers found to be employee, more workers are provided with the protections
and benefits provided of employees (as opposed to independent contractors); and
• The federal government tax base would increase (by increasing the number of workers
for whom payroll taxes must be paid).
37
A Change of Analysis by the Obama DOL
38. PAGE
June 7, 2017 – DOL Guidance Letter 2015-1 is withdrawn by DOL.
• No substituted guidance was provided.
• No clear indication of how the analysis regarding employee v. independent contractor
should be handled going forward.
• Likely that the focus by the DOL and courts will go back to traditional rule – looking to
“control” exerted by company over worker.
38
What Changed with the Trump DOL?
39. PAGE
• Who is an employee’s employer? – Changes to joint employer analysis.
• Joint Employment
• Occurs when an employee does work for two separate business entities – both of
which have potential liability for violations of the law (i.e., FLSA wage and hour
violations).
39
A Change of Analysis by the Obama DOL
40. PAGE
DOL Guidance Letter 2016-1 Expansion of the definition of “employer” in
the joint-employer setting.
• Required very little control to be exerted over an employee to be an “employer” liable
for violations of law.
• This is particularly noteworthy for franchisors – under this expanded view of joint
employers – franchisor could be liable for franchisee misclassification of employees as
exempt;
• This guidance letter implied a “vertical” analysis to joint employment relationships –
“Vertical joint employment exists where the employee has an employment relationship
with one employer (typically a staffing agency, subcontractor, labor provider or other
intermediary employer) and the economic realities show that he or she is economically
dependent on, and thus employed by, another entity involved in the work.”
40
A Change of Analysis by the Obama DOL
41. PAGE
June 7, 2017 – DOL Guidance Letter 2016-1 is withdrawn by DOL.
• No substituted guidance was provided.
• Likely welcome news to many businesses that utilize staffing agencies to place
employees and for franchisors.
41
What Changed with the Trump DOL?
42. PAGE
Employee/Independent Contractor – Is Peer to Peer Employment the Future of
Work?
Commonly referred to as the “gig” economy – a model in which individuals
contract with companies on a short-term or flexible basis to perform “gigs.”
• Examples:
– Uber;
– Lyft;
– GrubHub;
– TaskRabbit;
– Postmates;
– Handy;
– Dogvacay.
42
Politics aside, what other developments do we expect?
43. PAGE
There is a burgeoning set of litigation to challenge their classification.
• UK – case against Uber where a London Employment Tribunal ruled that Uber drivers
were the equivalent of “employees.”
• Appeal heard on 9/27/17 – No decision yet.
• As an aside – City of London recently stated that they would not be renewing Uber’s
city licensing – as of 10/1/17 – Uber no longer allowed to operate in London city limits.
– Uber has until mid-October to appeal this decision.
– Decision was not related to employment dispute – Rather, was related to “a lack of corporate
responsibility in relation to a number of issues which have potential public safety and security
implications.”
43
Politics aside, what other developments do we expect?
44. PAGE
O’Connor v. Uber Techs., No. C-13-3826 (N.D. Cal.)
• Consolidated appeal of 11 cases by Uber drivers to determine whether drivers should
be considered “employees;”
• There is an underlying issue regarding whether the drivers have a right to sue – their
agreements with Uber include an arbitration agreement.
Lawson v. Grubhub, Inc., Case No. 15-cv-05128 (N.D. Cal.)
• GrubHub driver who alleges he is an “employee;”
• Lawson is seeking $600 in reimbursement expenses owed to him as an employee;
• Verdict is expected this fall.
44
Politics aside, what other developments do we expect?
45. PAGE
• Does our current classification system fit with our current economy?
• Does it fit our developing workforce?
• Is there a third classification for worker on the horizon?
45
Takeaways for the “Gig” Economy?