Lower courts weigh LGBT+ job bias claims

Two similar cases involving LGBT+ employment discrimination protections under Title VII are advancing through lower courts as the Supreme Court decides whether to hear the issue.

In Ohio, a lesbian assistant manager has alleged discrimination and the creation of a hostile work environment by Walmart based on her sexual orientation. The Southern District of Ohio has yet to rule on Walmart’s motion to dismiss based on a 2018 ruling on gender identity bias. The gender identity bias case is one of three Title VII petitions being considered by the Supreme Court; the other two are concerning sexual orientation bias.

Judge Gerald McHugh dismissed claims brought against the Philidelphia Housing Authority by a straight man who was subjected to harassment and faced workplace difficulties because his coworkers believed him to be gay. McHugh cited precedent, but made it clear that he thought the precedent itself ought to be reconsidered.

Read more at Bloomberg Law.


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