Friday, August 17, 2018

Harrison on LGBT Discrimination

HarrisonJack Harrison (NKU-Chase) has posted on SSRN his article (forthcoming 52 Loyola Los Angeles L. Rev. 2018) 'Because of Sex'. Here's an excerpt from the abstract:

Even though Obergefell was a significant victory for the LGBT community, in the aftermath, a same-sex couple who gets married over the weekend may be fired from their jobs on Monday for simply displaying or posting pictures of their wedding. Because no explicit federal antidiscrimination law encompassing LGBT persons exists in the United States, the employer’s action in firing an employee because they were gay or lesbian would be legal in the majority of states. Therefore, marriage equality ironically makes employment discrimination against LGBT workers easier, in that employers are now more aware of who in their workforce identifies as LGBT because of their marital status and request for spousal benefits.... Ultimately, this article attempts to propose a unified theory under which discrimination based on sexual orientation would be included under Title VII’s prohibition against discrimination “because of sex.”

rb

http://lawprofessors.typepad.com/laborprof_blog/2018/08/harrison-on-lgbt-discrimination.html

Employment Discrimination | Permalink

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