Blog

The Equal Employment Opportunity Commission (EEOC) has begun pursuing in earnest charges and lawsuits based on sex discrimination under Title VII for sexual orientation and transgender discrimination.

Last week, hundreds of Pride events took place across our nation to celebrate and support the LGBT community. In reflection of Pride Week, let’s discuss the necessity of estate planning for LGBT individuals and couples.

The United States Supreme Court issued its landmark ruling Friday, June 26, 2015, in Obergefell v. Hodges, holding that the U.S. Constitution guarantees a right to same-sex marriage.

Just the day before the new DOL rule was to go into effect extending FMLA coverage to same-sex couples in Texas (and everywhere else) if the marriage was legally recognized in the state of celebration, a Texas federal court enjoined enforcement of the rule until further hearing. The federal case is Texas v. United States of America, No. 7:15-cv-00056 (N.D. Texas 2015).

Effective March 27, 2015, a new DOL regulation will change the definition of spouse in a same-sex marriage to one recognized by the “place of celebration”. The revision effectively extends FMLA rights to eligible workers in same-sex marriages for all marriages recognized in the state of celebration of the marriage.

The Fifth Circuit Court of Appeals, which governs courts in Texas, Louisiana and Mississippi, joined many other federal courts recently in holding discrimination or harassment can be based on whether an employee conforms to a gender or sex stereotype.

Employers must treat same-sex marriages like other marriages for Federal Tax purposes.

The U. S. Supreme Court ruled recently that the portion of the Defense of Marriage Act (DOMA) which denied recognition of marital status to couples of the same sex under federal law was unconstitutional.