According to the DOJ.

The status, the arguments, and my predictions.

But will the EEOC be allowed to defend?

Let's look at the arguments, pro and con, that the Supreme Court is likely to hear someday.

As we reported early this morning, the full U.S. Court of Appeals for the Seventh Circuit decided in Hively v. Ivy Tech Community College of Indiana that the prohibition in Title VII against discrimination based on “sex” encompasses discrimination based on sexual orientation. It is the first federal appellate court to do so, although recent decisions from other federal appeals ...

This latest decision from the U.S. Court of Appeals for the Eleventh Circuit on sexual orientation discrimination is weird. A panel of the court found 2-1 in Evans v. Georgia Regional Hospital that the plaintiff did not have a valid Title VII claim against her employer for sexual orientation discrimination. Whether you agree with it or not, the panel opinion was fairly ...

UPDATE (10/14/16): The Hively decision discussed below was issued by a three-judge panel of the Seventh Circuit. This week, the full Seventh Circuit set aside the decision and agreed to rehear the case with all of the judges participating. Here is a copy of the order. 

The U.S. Court of Appeals for the Seventh Circuit decided last week in Hively v. Ivy Tech Community College that sexual ...

The Equal Employment Opportunity Commission filed a "friend of the court" brief in a sexual orientation discrimination appeal, arguing that sexual orientation discrimination is "sex discrimination" prohibited by Title VII. (Thanks to EEOC General Counsel David Lopez for alerting me.)

I am a skeptic on this subject. Title VII was enacted in 1964, and legend has it that sex ...

The Employment Non-Discrimination Act is dead again. Is there any federal law on same-sex harassment or discrimination? If so, what is it? Here are some scenarios that may be helpful in picking through this crazy extremely complex and rapidly transitioning area of the law. (Answers are provided after Scenario 6, below.)

The American Bar Association is still accepting nominations for ...

Employers, is your appearance code so important that you would pay more than $150,000 to ban a $10 accessory in the workplace? 

This is the story of the $150,000 lanyard.

If you are ignorant like me, you are thinking, "What the heck is a lanyard? Isn't that a part of a ship?" (Actually, I am sure that no one but me is that ignorant.)

A lanyard, I am ashamed to admit I have only recently learned, is ...