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Author: Scarinci Hollenbeck, LLC
Date: August 11, 2015
The Firm
201-896-4100 info@sh-law.comThe ruling comes on the heels of the Supreme Court’s historic decision in Obergefell v. Hodges.
Now that same-sex couples have won the right to marry, comprehensive sexual orientation employment discrimination laws are widely considered to be the next big legal hurdle. As we have previously discussed on this blog, studies show that more than 40 percent of lesbian, gay, and bisexual workers have suffered sexual orientation employment discrimination.
The EEOC’s groundbreaking employment ruling arose in a sexual orientation employment discrimination claim brought by an air traffic control specialist against Transportation Secretary Anthony Foxx. By a vote of 3-2, the EEOC Commission concluded that sexual orientation employment discrimination constitutes discrimination for the purposes of Title VII even though it is not expressly listed as a prohibited basis for employment actions.
“Discrimination on the basis of sexual orientation is premised on sex-based preferences, assumptions, expectations, stereotypes, or norms,” the EEOC’s ruling explained. “‘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 involves sex-based considerations.”
While certainly monumental, the EEOC interpretation of Title VII is not binding on the federal courts. The Employment Non-Discrimination Act (ENDA), which would expressly ban LGBT discrimination in the workplace, has been pending in Congress for several years. However, it has failed to gain momentum, even in the wake of the Obergefell decision.
For employers, the EEOC’s ruling on sexual orientation employment discrimination should not be taken lightly. Even though the courts have not yet sanctioned it, the agency is likely to aggressively enforce its new interpretation. Also, as a reminder, any discrimination and/or retaliation against LGBT workers in New Jersey could give rise to liability under the New Jersey Law Against Discrimination, which includes both “affectional or sexual orientation” and “gender identity and expression” as protected classes.
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FeedSpot Recognizes Donald Scarinci’s Government & Law Blog One of the Top 20 Public Law Blogs Little Falls, NJ – May 22, 2025 – Scarinci Hollenbeck, LLC is honored to share that Managing Partner Donald Scarinci’s Government & Law blog has been listed by FeedSpot.com as one of the “20 Best Public Law Blogs and […]
Author: Scarinci Hollenbeck, LLC
SH Partner and 100th Bomb Group Foundation Legal Counsel Discussed The Nuremberg Trials and the Law May 21, 2025 – Little Falls, NJ – Scarinci & Hollenbeck, LLC is proud to share that partner Ronald S. “Ron” Bienstock recently spoke at the 100th Bomb Group Biennial Reunion, held May 15-18, 2025, in New Orleans. The […]
Author: Ronald S. Bienstock
Little Falls, NJ – May 1, 2025 – Scarinci Hollenbeck, LLC is proud to share that Managing Partner Donald Scarinci’s Constitutional Law Reporter blog has been listed by FeedSpot.com as one of the “Top 100 Legal Blogs.” No Aspect of the advertisement has been approved by the Supreme Court. Feedspot, a content reader that curates websites of […]
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Little Falls, NJ – May 1, 2025 – Scarinci Hollenbeck, LLC is proud to share that Managing Partner Donald Scarinci’s Government & Law blog has been listed by FeedSpot.com as one of the “80 Best New Jersey Blogs and Websites in 2025.” *No Aspect of the advertisement has been approved by the Supreme Court of New […]
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Scarinci Hollenbeck Partner Nathanya G. Simon named by ROI-NJ to the “ROI Influencers: Women in Business” list for fourth consecutive year Scarinci Hollenbeck Partner Nathanya G. Simon has been named by ROI-NJ to the “ROI Influencers: Women in Business” list for 2025. After four decades of practice, Nathanya’s pioneering influence in the field of special […]
Author: Nathanya G. Simon
Congratulations Angela Turiano on appointment as Director of Legislative Affairs for SHRM Princeton April 17, 2025 – Little Falls, NJ – Scarinci & Hollenbeck, LLC congratulates Partner Angela Turiano on her appointment as Director of Legislative Affairs for SHRM Princeton. Along with serving as a member of SHRM Princeton’s leadership team, Angela will monitor pending legislative, regulatory, […]
Author: Angela A. Turiano
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