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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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Scarinci Hollenbeck is pleased to announce that Robert E. Levy has been re-certified as a Certified Civil Trial Attorney by the Supreme Court of New Jersey. This re-certification, combined with Levy’s existing designation as a Certified Criminal Trial Attorney, places him among less than one percent of all certified attorneys in New Jersey to hold […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck, LLC is pleased to announce that Donald M. Pepe, a partner in the firm’s Real Estate, Land Use and Development Group, has once again been named to ROI-NJ’s Influencers: Real Estate list for 2025. Donald Pepe has been included on the ROI Influencers: Real Estate list each year since 2022, reflecting his continued […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck, LLC announces the promotion of three attorneys effective January 1, 2026: Samantha L. Blake and Brittany P. Tarabour to Counsel, and Kevin M. Cuddihy to Senior Associate. The following summarizes each attorney’s practice and experience. Samantha L. Blake Promoted to Counsel Samantha L. Blake has been promoted to Counsel and practices out of […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck real estate partners Donald Pepe and Joe DeMarco were recently interviewed by NJBIZ reporter Kimberly Redmond for a feature examining what may shape the commercial real estate market in 2026. The article explores several issues currently influencing development and investment decisions across New Jersey, including redevelopment considerations, regulatory and financing pressures, emerging asset […]
Author: Scarinci Hollenbeck, LLC

Little Falls, New Jersey — Scarinci Hollenbeck, LLC is pleased to announce that Partner Angelo Auteri has been awarded the Michael A. Pane Ethics in Government Award, one of New Jersey’s most esteemed recognitions for integrity and professionalism in public service. The award was presented on Thursday, November 20th during the New Jersey State League […]
Author: Scarinci Hollenbeck, LLC

November 6, 2025 – Little Falls, NJ – Scarinci Hollenbeck, LLC is proud to be recognized in the 2026 edition of the Best Law Firms rankings, published by Best Lawyers. The firm has been named a Regional Tier 1 firm in New Jersey in five practice areas, a Regional Tier 2 firm in New Jersey […]
Author: Scarinci Hollenbeck, LLC
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