Litigation Tracker: Employment Discrimination

Take a look at all the employment-focused litigation related to LGBTQ non-discrimination that Freedom for All Americans is tracking. For every LGBTQ-related case, visit Equality Case Files.

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Employment Discrimination

Wittmer v. Phillips 66

Case Concerning Employment Discrimination Based on Gender Identity Under Title VII

Key Date: February 6, 2019 • Ruling Issued Against Plaintiff by 5th Circuit
Status: Awaiting Further Action
Legal Team: Private Counsel
Type: Employment Discrimination

The case centers on Nicole Wittmer, who was offered employment with Phillips 66 after a job interview, but her job offer of employment was rescinded after her transgender status was disclosed.

Harold Lampley and Rene Frost v. Missouri Commission on Human Rights

Case Concerning Employment Discrimination Based on Sexual Orientation Under State Law

Key Date: April 25, 2018 • Oral Argument Before MO Supreme Court
Status: Pending before Missouri Supreme Court
Legal Team: Private Counsel
Type: Employment Discrimination

This case concerns two employees of the Missouri Department of Social Services claiming employment discrimination under Missouri's current human rights laws prohibiting discrimination based on sexual orientation.

Gerald Lynn Bostock v. Clayton County, Georgia

Case Alleging Employment Discrimination Based on Sexual Orientation

Key Date: February 15, 2019 • Supreme Court to Conference on Case
Status: Cert. Petition Pending Before U.S. Supreme Court
Legal Team: Buckley Beal, LLP
Type: Employment Discrimination

On May 10, Gerald Lynn Bostock's appeal to the 11th Circuit Court of Appeals was denied, upholding a lower court's dismissal of the case.

Horton v. Midwest Geriatric Management, LLC.

Case Concerning Employment Discrimination Based on Sexual Orientation Under Title VII

Key Date: December 21, 2017 • District court ruling against plaintiff
Status: Pending before 8th Circuit Court of Appeals
Legal Team: Private Counsel & Lambda Legal
Type: Employment Discrimination

After Mark applied for, interviewed, was offered, and accepted a job at Midwest Geriatric, LLC, the job offer was rescinded, following his disclosure to management that he was married to a man.

Schawe-Lane v. Amazon

Case Concerning Employment Discrimination Based on Gender Identity Under Title VII

Key Date: April 11, 2018 • Parties Stipulate to Dismissal of Claims
Status: Filed in U.S. District Court for the Western District of Kentucky
Legal Team: Transgender Legal Defense and Education Fund
Type: Employment Discrimination

Transgender Defense and Education Legal Fund (TLDEF) has filed a lawsuit in the 6th District Court regarding employment discrimination by Amazon against Allegra Schawe-Lane, a transgender woman, and her husband, Dane Lane.

EEOC v. R.G. & G.R. Harris Funeral Homes

Case Concerning Employment Discrimination Based on Gender Identity Under Title VII

Key Date: February 15, 2019 • Cert. Petition Filed with U.S. Supreme Court
Status: Cert. Petition Pending Before U.S. Supreme Court
Legal Team: EEOC & ACLU
Type: Employment Discrimination

This effort to seek a religious exemption from Title VII under the federal RFRA was denied by the 6th Circuit Court of Appeals.

Evans v. Georgia Regional Hospital

Case Concerning Employment Discrimination Based on Sexual Orientation Under Title VII

Key Date: December 11, 2017 • Supreme Court Denies Review in Case
Status: Petition for Certiorari Denied by U.S. Supreme Court Conference
Legal Team: Lambda Legal
Type: Employment Discrimination

The case dates back to April 2015, when Jameka Evans claimed that her former employer, Georgia Regional Hospital, violated Title VII of the Civil Rights Act by discriminating against her because of her sexual orientation and gender non-conformity.

Zarda v. Altitude Express, Inc.

Case Concerning Employment Discrimination Based on Sexual Orientation Under Title VII

Key Date: February 15, 2019 • Supreme Court to Conference on Case
Status: Cert. Petition Pending Before U.S. Supreme Court
Legal Team: Gregory Antollino
Type: Employment Discrimination

Zarda v. Altitude Express, Inc. is a case concerning employment discrimination based on sexual orientation. After revealing his sexual orientation to a customer at the skydiving business where he worked on Long Island, NY, Don Zarda was fired.

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