In a highly anticipated ruling, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, U.S. Supreme Court ruled 7-2 in favor of a cake shop owner who refused to make a wedding cake for a same-sex couple because of his religious beliefs. The case highlights the potentially conflicting intersection of religious freedoms and anti-discrimination laws; i.e. the right to hold sincere religious beliefs and the right to be treated equally and without discrimination based on one’s sexual orientation. READ MORE
On the heels of the landmark decision by the Supreme Court in favor of gay marriage, the EEOC held on July 15, 2015 that sex discrimination under Title VII includes discrimination on the basis of sexual orientation. Even though the decision is not binding precedent in federal court, and runs contrary to a significant body of case law holding that Title VII does not prohibit discrimination on the basis of sexual orientation, it could be regarded by some courts as persuasive authority. The decision could also have an impact on employers in the form of an increased number of administrative charges of discrimination filed with the EEOC based on sexual orientation, as courts determine whether to adopt the EEOC’s interpretation.
Following the excitement of the same-sex marriage decision by the U.S. Supreme Court on June 26th, the question remains how much the Opinion may impact Title VII employment discrimination claims. Based on our reading of the Obergefell v. Hodges decision, and the many states that have passed legislation protecting employees from sexual-orientation discrimination, we recommend that employers revisit and update their anti-discrimination policies.
In the recent UK case of Smith v. Trafford, the Claimant was awarded just £98 (approx. $150) by the English High Court for a successful breach of contract claim against his housing trust employer (the “Trust”). The Claimant, Mr. Smith, had posted two comments on his Facebook wall expressing his views on gay marriage. One comment stated “equality too far” and the other comment elaborated on his reasons for opposing gay marriage. In the Trust’s view, Mr. Smith’s comments amounted to a serious breach of its Code of Conduct and Equal Opportunities Policy. He had a significant number of colleagues as his Facebook friends and the Trust was concerned that his personal views would be interpreted as its own. Consequently, the Trust found Mr. Smith guilty of gross misconduct but rather than dismissing him, demoted Mr. Smith to a non-managerial position with a resulting 40 percent reduction in his pay. READ MORE