The Present and Future of Sexual Orientation and Transgender Discrimination Claims

August 1, 2014
American Conference Institute’s 6th Annual Forum on Defending and Managing Employment Discrimination Litigation

Heather Boshak spoke on “The Present and Future of Sexual Orientation and Transgender Discrimination Claims” at the American Conference Institute’s 6th Annual Forum on Defending and Managing Employment Discrimination Litigation.

Topics covered included:

  • Impact of the DOMA and Prop 8 cases (United States v. Windsor and Hollingsworth v. Perry) and their aftermath
  • Post-Windsor, address changes in the law on both a national and state level
  • FMLA and other leave considerations and anti-discrimination laws in light of the Windsor decision
  • Examining the latest court activity involving claims of sexual orientation discrimination
  • Assessing the potential implications of the passing of the Employment Non-Discrimination Act (ENDA); what effect will this have on the litigation of such claims
  • Does discrimination on the basis of sexual orientation qualify as “unlawful gender stereotyping”
  • Understanding the protections afforded to LGBT employees in your particular state, and navigating the complexities of litigating such claims amidst inconsistent and uncertain legal guidelines