By now, you may have read about yesterday’s decision by the Second Circuit Court of Appeals that Title VII bars discrimination on the basis of sexual orientation.

Connecticut is in that federal circuit (along with New York and Vermont).  You can download the decision in Zarda v. Altitude Express, Inc., here. (You’ve been warned though

The American Bar Association (ABA) holds its Midyear Meeting later this week in Vancouver (Canada!) and the House of Delegates is scheduled to debate several resolutions of interest to employers and employment lawyers.

As readers of this blog, you happen to “know” the Connecticut State Delegate (me!), coordinating a delegation of several esteemed lawyers from

U.S. Supreme Court
U.S. Supreme Court

Over the last week or so, there have been two prominent Circuit Court decisions addressing whether Title VII (the federal law prohibiting employment discrimination on the basis of race, color, sex, religion and national origin) can be interpreted to also protect employees from being discriminated against because of

Over the past month, after the Supreme Court’s Hobby Lobby decision, much has been made in the press about how it is unprecedented for the court to consider a company’s religious beliefs in making its decisions.

The issue of taking into account a corporation’s religious belief in the workplace has been also catapulted to

The U.S. Supreme Court this morning came out with two controversial decisions that will impact employers in Connecticut.

The first one, Harris v. Quinn, dealt with whether non-union public employees could be forced to pay union dues.  The court issued a relatively narrow holding, ruling that “partial” public employees could not be required to

A federal bill banning workplace discrimination (known as the Employment Non-Discrimination Act “ENDA) on the basis of sexual orientation cleared a key procedural hurdle last night as the Senate voted to begin debate on the measure, 61-30.   Passage by the Senate is now expected later this week.   (You can find my prior coverage of ENDA

As many wait for the Supreme Court’s decision later this term on same-sex marriages, one issue that seems to get lost in the shuffle is the fact that there is still no federal law prohibiting discrimination in employment on the basis of sexual orientation.

For employers in Connecticut, this is basically a non-issue because Connecticut

Let’s play the “law school hypothetical” game for a minute.  (I know, not as exciting as a cat being chosen in Monopoly, but bear with me.)

You hear the following allegations:

  • An gay, male employee starts works as a teacher in an “New Beginnings Alternative” program at a public school.
  • During his employment, he is subject to derogatory statements by a fellow teacher, a school police officer and a supervisor.
  • Allegedly a supervisor tells a social worker that the employee is “too flaming” or “too flamboyant”. Also, a fellow teacher is alleged to have said to the employee at a department meeting that “You are so overdramatic, you are being a bitch just like a woman.”
  • The employee is criticized for not being a “team player” and that his “apparent proneness towards using sarcasm and humor (that is often not understood by others) must change.”
  • The employee believes that the supervisor’s comments regarding how he and others cannot understand the employee’s sense of humor “stems from their divergent social views and pervasive stereotypes on gender and sexuality.”
  • Ultimately, the employee is informed that his contract may not be renewed which does, in fact, lead to a non-renewal of the contract.

Assuming, as you must for the moment, that the allegations are all true, does the employee have any claims? If so, what are they?


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President Obama was re-elected to a second term last night (something forecasted by stats guru Nate Silver). What does it mean for employers?

Four More Years

I won’t go quite as far as fellow blogger Jon Hyman, who said this morning that “it just doesn’t matter” who won last night.  I