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Lex Mentis - The Transvestites' Bill of Rights ( May 2006 )
In 2003, California became only the third state to enact legislation specifically protecting transgendered employees from workplace discrimination. It did so, moreover, in a clumsy and ill-defined fashion that will likely lead to considerable mischief in the courts in California and a spread of this movement to other states. California's new law will pose a significant challenge for employers who will now have to assimilate transgendered employees into the workforce. A few large employers have already adopted rules and guidelines for the treatment of transgendered employees. -
The War Between Diversity And Religion And The No-Man's Land Employers Must Walk Through ( July 2004 )
Employers pushing toward diversity in the workplace are now encountering push-back from employees on the religious right. These employees contend that diversity policies requiring them to "value" concepts with which they fundamentally disagree for religious reasons impinge upon their Title VII religious rights. Two recent cases illustrate the positions of both sides on this issue and the narrow ground employers must walk between the two. -
On May 17, 2004, same-sex couples, meeting all other eligibility requirements, will be entitled to apply for and obtain marriage certificates within the Commonwealth of Massachusetts. While the entitlement of same-sex couples to marry in Massachusetts is clear, what this decision means for Massachusetts and out-of-state employers in administering their employment policies and benefits plans, remains far from clear.
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Employer Quandaries On Same-Sex Marriage ( December 2003 )
In Goodridge v. Department of Public Health, the Supreme Judicial Court of Massachusetts recently decided that under the Constitution of the Commonwealth, it is unlawful to deny marriage licenses to same-sex couples. As a result, it is possible that by sometime next year, same-sex couples will be permitted to marry in Massachusetts and be subject to the rights and responsibilities of civil marriage. -
Transgender Employee Required to Use Restroom of His Biological Gender ( September 2002 )
The Minnesota Supreme Court upheld an employer's decision to require a biologically male employee to use the men's restroom despite his "transgender" female self-image. The employee was born male but considered herself female. -
Major Changes To California's Fair Employment And Housing Act Provide Increased Protections To Employees ( October 2000 )
Several sweeping changes to the California Fair Employment and Housing Act ("FEHA") took effect January 1, 2000. . -
Vermont Recognizes Civil Unions ( October 2000 )
In April 2000 the Vermont legislature passed and the governor signed landmark legislation granting same gender coup.
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