U.S. employers are obliged under OSHA as well as common-law duty to act reasonably in eliminating or reducing risk of injury to workers and patrons.
Title VII should not permit an employer to Plessy v. Ferguson its workforce for any reason.
While we wait for the law the catch up to society’s opinion on LGBT rights, federal agencies are doing the best they can to modernize these laws.
Mach Mining, LLC v. EEOC sends a strong message that courts favor resolution, not litigation.
What does this all mean for employers? Let’s take a look, via the helpful Q&A the EEOC published.
Title VII does not (yet) specifically identify 'sexual orientation' as a protected class.
The EEOC, which is an agency of limited financial resources, is going to go after that which will provide the most bang for its buck.