Federal Law on Transgender, Sexual Orientation Bias a Mixed Bag

By Jon Steingart

Some workers and employers are uncertain about what’s prohibited under a federal law against sex discrimination in the workplace in light of a patchwork of legal interpretations.

“For large national employers, regardless of how Title VII is interpreted, you have some number of states, cities, or federal contractors who have explicit laws that clearly protect employees from discrimination based on sexual orientation or gender identity,” Mike Eastman, managing counsel at NT Lakis, told Bloomberg Law. NT Lakis helps large employers comply with workplace obligations.

Several federal appeals courts in recent years have reached different conclusions about whether ...