SCOTUS: Discrimination Based on Sexual Orientation or Transgender Status is Sex Discrimination And Violates Federal Law
By Amy Epstein Gluck |
By: Amy Epstein Gluck An employer who fires or takes an adverse action against an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964 (“Title VII”). So said the Supreme Court of the United States (“SCOTUS”) on June 15, 2020, a little more than eight months after…
Read More Texas Federal Court Holds Transgender Woman Covered by Title VII
By Richard Cohen |
A breaking new decision out of a federal court in Texas perhaps points the way to the future in civil rights employment litigation. It involves a transgender woman who was denied hiring and sued under Title VII claiming gender discrimination. The result was not in favor of plaintiff, but the Court’s reasoning and acceptance of…
Read More Sexual Orientation: You Can Marry But You Can Still Be Fired
By Richard Cohen |
A federal appeals court just ruled that it is still legal under federal law to fire employees based upon their sexual orientation – – even though they can legally marry. The appeals court in Chicago stated that “recent legal developments and changing workplace norms require a fresh look at the issue of sexual orientation discrimination under Title VII.”…
Read More Transgender Employment Rights Front And Center For EEOC
By Richard Cohen |
Last month I wrote about “a strange juxtaposition in employment discrimination law today: The EEOC has just sued to, effectively, expand the rights of transgender people, while 23 states have just sued to, effectively, limit those rights. A unified country this is not; cracks and fissures have become the norm. … As always, the workplace is the perfect battleground, the perfect…
Read More First Transgender Barrister: Transgender Issue Less A Political Football Than In US
By Richard Cohen |
Earlier this week I wrote about “a strange juxtaposition in employment discrimination law today: The EEOC has just sued to, effectively, expand the rights of transgender people, while 23 states have just sued to, effectively, limit those rights. A unified country this is not; cracks and fissures have become the norm. … These contrasting lawsuits perfectly parallel the divide — the…
Read More Contrasting Lawsuits About Transgender People Underscores Polarization In The US
By Richard Cohen |
A strange juxtaposition in employment discrimination law today: The EEOC has just sued to, effectively, expand the rights of transgender people, while 23 states have just sued to, effectively, limit those rights. A unified country this is not; cracks and fissures have become the norm. While 13 states, and then another 10 states, filed suits in Texas and Nebraska federal court…
Read More Secretary Of Defense: Transgendered Can Serve – Openly – In Military
By Richard Cohen |
On the eve of Independence Day, now that Ash Carter has lifted the ban on transgendered people serving openly in the military, one can finally say that virtually all Americans are free to defend their country. It took since World War II — when African-Americans first began to be integrated into the military, that a democratic society has finally permitted all…
Read More Equality is Equality
By Richard Cohen |
By: Amy Epstein Gluck “Love is love is love is love,” said the joyous and incredibly talented Lin-Manuel Miranda at the Tony Awards last night as he accepted his award for best score for “Hamilton.” Indeed. As the one-year anniversary in Obergefell v. Hodges approaches amidst the Gay Pride festivals and parades throughout the country…
Read More Sex Discrimination Is Not Just About Sex
By Richard Cohen |
My partner, Amy Epstein Gluck, a veteran employment lawyer in DC and Virginia, has delighted me by agreeing to author a series of guest posts. This is the first in the series by Amy. In the last eighteen months, the Equal Employment Opportunity Commission (EEOC) has maintained that sexual orientation and gender identity is included within…
Read More New York To Extend Human Right Law To Cover Gender Identity, Transgender Status And Gender Dysphoria
By Richard Cohen |
The New York Times reports today that New York’s Governor Cuomo has announced that he would “direct the State Division of Human Rights to issue regulations that extend protections against discrimination found in a 1945 law [NYS Human Rights Law] to cover gender identity, transgender status and gender dysphoria.” The protections in these regulations would extend to,…
Read More RICHARD COHEN
Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States.
AMY EPSTEIN GLUCK
Amy Epstein Gluck has represented individuals and corporate clients in Virginia, Washington, D.C., and various federal district courts for more than twenty years. Ms. Epstein Gluck’s current practice areas include employment law—advising on and drafting employment agreements; handling employment negotiations, severance agreements, noncompete and nondisclosure agreements, “wrongful terminations” and other EEO matters; representation at the EEOC level; advising employers about discrimination laws and how to remain in compliance, and employment negotiations.
