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Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
November 6, 2017

Employer Alert: Sex Stereotyping Equals Sex Discrimination in Missouri

In a case of first impression, the Missouri Court of Appeals held that sexual stereotyping can support an inference that discrimination on the basis of “sex” occurred in the workplace. Lampley and Frost v. MCHR, Case No. WD80288 (Mo.App. W.D. 2017). The Appellate Court maintained that sexual orientation is not a “protected-class” under the Missouri Human Rights Act (MHRA), but held that sex-based stereotyping is a prohibited employment practice in Missouri and, therefore, can support an inference of unlawful sex discrimination.

Employer Law Blog
October 12, 2017

DOJ Reverses Stance on Gender Identity Discrimination

On October 4, 2017, the United States Department of Justice issued a memorandum reversing its stance on whether the prohibition on sex discrimination under Title VII of the Civil Rights Act of 1964 includes discrimination based on gender identity. The memorandum was authored by Attorney General Jeff Sessions. In the memorandum, Attorney General Sessions supports his conclusion in part by stating that “Title VII expressly prohibits discrimination ‘because of . . . sex’ and several other protected traits, but it does not refer to gender identity.” Although the memorandum explicitly withdraws a 2014 memorandum by former Attorney General Eric Holder who reached the opposite conclusion, Attorney General Sessions continues to state that “[n]othing in this memorandum should be construed to condone mistreatment on the basis of gender identity.”

Employer Law Blog
April 6, 2017

Sexual Orientation Discrimination Now Recognized Under Title VII

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit for the first time recognized that sexual orientation discrimination is covered under Title VII of the 1964 Civil Rights Act. The case is Hively v. Ivy Tech Community College of Indiana. Although the court which heard the case en banc reached the result via three routes, the holding confirms that sexual orientation discrimination is cognizable under Title VII in the Seventh Circuit. Chief Judge Wood led a five-member majority in holding that sexual orientation discrimination is sex discrimination under Title VII and, therefore, covered by the statute.