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Seventh Circuit is the First Federal Court of Appeals to Recognize Sexual Orientation as a Federally Protected Class

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April 4, 2017

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discriminationIn Hively v. Ivy Tech Community College, hearing the case en banc, the Seventh Circuit became the first federal court of appeals to determine that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964.  The court stated that “it is impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex.”

This landmark decision effectively prohibits discrimination and retaliation against applicants and employees on the basis of sexual orientation under federal law.

Virginia: State Contractors Must Prohibit Discrimination Based on Certain Categories

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February 7, 2017

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Governor Terry McAuliffe recently signed Executive Order No. 61, designed to combat sexual orientation and gender identity discrimination.  Specifically, the order states that the state of Virginia will only grant bids valued over $10,000 to state contractors with anti-discrimination policies against certain protected categories, including sexual orientation and gender identity.  The Order applies to any contracts that have not progressed to the stage where a change in contracting requirements would adversely impact completion of the project.

New Guidance on California Employers’ Obligations to Transgender Employees

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February 2016

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In late February, the California Dept. of Fair Employment and Housing (DFEH) issued formal guidance for employers on how businesses can comply with CA anti-discrimination laws, with specific regard to gender identity and gender expression.

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March Updates

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This HR Alert addresses the following topics:
  1. West Virginia Becomes a Right-to-Work State, Repeals Prevailing Wage
  2. Alabama Governor Signs Law Prohibiting Municipal Minimum Wage Ordinances
  3. New Hampshire Supreme Court Holds Individuals Can be Liable for Workplace Discrimination/Retaliation Cases

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