Last week on The EmpLAWyerologist we learned that federal affirmative action laws now protect workers against sexual orientation and gender identity discrimination. Two weeks ago we learned, perhaps to the surprise of many, that Title VII of the Civil Rights Act of 1964 does not contain explicit provisions that include such protections, that the federal circuit courts of appeals are split on that question, and that the US Supreme Court has yet to weigh in. We also know that even with significant support for the Employment Nondiscrimination Act (ENDA) in Congress, there are still not enough votes to pass it. What happens when an issue of this magnitude does not lead to passage of a federal law? States and localities, wishing to address the issue faster, pass their own laws. Join The EmpLAWyerologist after the jump to learn more...
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