Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 11, 2015
The Firm
201-896-4100 info@sh-law.comThe ruling comes on the heels of the Supreme Court’s historic decision in Obergefell v. Hodges.
Now that same-sex couples have won the right to marry, comprehensive sexual orientation employment discrimination laws are widely considered to be the next big legal hurdle. As we have previously discussed on this blog, studies show that more than 40 percent of lesbian, gay, and bisexual workers have suffered sexual orientation employment discrimination.
The EEOC’s groundbreaking employment ruling arose in a sexual orientation employment discrimination claim brought by an air traffic control specialist against Transportation Secretary Anthony Foxx. By a vote of 3-2, the EEOC Commission concluded that sexual orientation employment discrimination constitutes discrimination for the purposes of Title VII even though it is not expressly listed as a prohibited basis for employment actions.
“Discrimination on the basis of sexual orientation is premised on sex-based preferences, assumptions, expectations, stereotypes, or norms,” the EEOC’s ruling explained. “‘Sexual orientation’ as a concept cannot be defined or understood without reference to sex. … It follows, then, that sexual orientation is inseparable from and inescapably linked to sex and, therefore, that allegations of sexual orientation discrimination involves sex-based considerations.”
While certainly monumental, the EEOC interpretation of Title VII is not binding on the federal courts. The Employment Non-Discrimination Act (ENDA), which would expressly ban LGBT discrimination in the workplace, has been pending in Congress for several years. However, it has failed to gain momentum, even in the wake of the Obergefell decision.
For employers, the EEOC’s ruling on sexual orientation employment discrimination should not be taken lightly. Even though the courts have not yet sanctioned it, the agency is likely to aggressively enforce its new interpretation. Also, as a reminder, any discrimination and/or retaliation against LGBT workers in New Jersey could give rise to liability under the New Jersey Law Against Discrimination, which includes both “affectional or sexual orientation” and “gender identity and expression” as protected classes.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Author: Chris Seelinger

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]
Author: Marc J. Comer

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!