LGBTQ Employment Law Practice Guide
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LGBTQ Employment Law Practice Guide is designed to assist employers, practitioners and employment law professionals called upon to advise and counsel individual and institutional clients on the legal and practical issues that arise in the employment law context as it relates to LGBTQ individuals. More specifically, LGBTQ Employment Law Practice Guide endeavors to (1) provide federal and state-specific practical guidance to lawyers of all backgrounds and experience levels whose LGBTQ clients require effective representation to resolve or litigate a workplace-related dispute, (2) assist employers’ counsel in drafting and designing culturally competent and sound workplace policies and practices that are both legally compliant and that protect the rights of LGBTQ workers, and (3) provide guidance to employer’s counsel in responding to an LGBTQ litigant’s charge or complaint of discrimination on the basis of sexual orientation and/or gender identity.
The Practice Guide contains:
• How to assess an LGBTQ employee’s potential claim, including writing the demand letter and seeking early settlement, determining when and by what means the client must first pursue administrative remedies, preparing for litigation, and practice tips on litigating the case through discovery and to trial.
• How employers can ensure culturally competent best practices and compliance with relevant workplace laws.
• How employers should respond to employment discrimination and harassment charges and complaints that are made on the basis of sexual orientation and/or gender identity or expression.
• A survey of federal law as it pertains to LGBTQ workplace rights.
• A state-by-state guide on available protections for LGBTQ employees, the essential elements of the relevant law, and the administrative process that may be a prerequisite to a legal claim.
• A look ahead at what’s on the horizon for LGBTQ workplace rights.
The 2020 Edition includes updated content throughout the Practice Guide in light of the landmark United States Supreme Court civil rights case of Bostock v. Clayton County, where the Court held that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation and transgender status.
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Table of Contents
CHAPTER 1: Survey of LGBTQ History and the Application of Federal Antidiscrimination Law to LGBTQ Employees
CHAPTER 2: Litigating LGBTQ Employee Rights
CHAPTER 3: Compliance and Best Practices for Employers
CHAPTER 4: Defending Employment Discrimination and Harassment Charges and Complaints
CHAPTER 5: Cultural Sensitivity for Employers and Lawyers Engaging with LGBTQ Employees
CHAPTER 6: Intersectional Analysis: Workplace Safety, Medical Marijuana, Race & Ethnicity, Religion and Other Peripheral Issues Facing LGBTQ Employees
CHAPTER 7: Survey of State and Territorial LGBTQ Workplace Protections
CHAPTER 8: What’s on the Horizon for LGBTQ Employees?