With the right to same-sex marriage established, the workplace is likely the next civil rights frontier. While Title VII does not expressly prohibit discrimination against LGBT individuals, the EEOC has won favorable Title VII decisions based on “sexual stereotyping” allegations. The DOJ and the OFCCP are also backing such theories, while Congress considers federal legislation protecting the LGBT population.

This CLE program, presented by Partners Barbara E. Hoey and Mark A. Konkel from Kelley Drye’s Labor and Employment practice, as well as plaintiffs’ employment lawyer Anne L. Clark from Vladeck, Raskin & Clark, P.C., will focus on key questions employers face when balancing obligations to their business and employees. Attendees will:

Receive an update on both state and federal litigation relating to LGBT workplace discrimination.
Review the states and localities which have passed legislation, and the status of pending legislation.
Get tips on how to revise employer discrimination and harassment policies to reflect the evolving landscape, such as the latest guidance on the “exterior issue.”
Review the EEOC latest activity and guidance.
Learn how sexual stereotyping has been used as a theory in cases involving both transgender and gay employees.

Find out how the right to same-sex marriage will impact the employee benefits arena, discuss real-life cases, and how HR can devise practical solutions to resolve conflicts between and among employees with divergent or more “conservative” viewpoints.

Out in a New Era: LGBT Rights in the Workplace