Jill Rosenberg Discusses Recent Legal Developments Addressing Discrimination Against LGBT Employees

Bloomberg BNA Daily Labor Report | October.22.2015

Jill Rosenberg, an employment partner in Orrick’s New York office, recently spoke on a panel concerning discrimination against LGBT employees at PLI's Employment Law Institute 2015. Her remarks were reported by Bloomberg BNA Daily Labor Report.

Jill noted, “So much has happened in the past year,” before discussing some of the most recent legal developments designed to curb discrimination against LGBT people in the workplace— particularly if that workplace is the federal government. These include an executive order signed by President Obama, new regulations issued by the Office of Federal Contract Compliance Programs, and passage of legislation at state and local levels that prohibits e​mployment discrimination based on sexual orientation or gender identity.

Jill acknowledged the Equal Employment Opportunity Commission’s (EEOC) substantial role in bringing about this change, noting, “It's fair to say the EEOC has been the main catalyst, along with the courts, in bringing the law to where it is now.” She went on to mention that the gender stereotyping theory, which holds that bias based on sexual stereotyping and failure to conform with gender norms can be considered sex discrimination under the 1964 Civil Rights Act, has been the basis of several court rulings in favor of LGBT employees.