(Webcast) Protecting LGBTQ+ Workers in a Changing Legal Landscape

Tuesday, July 13, 2021 | 12:00 pm – 1:45 pm

Program Chair:
Ezra Cukor
Vladeck, Raskin & Clark, P.C.

  • In June 2020, the Supreme Court’s decision in Bostock v. Clayton County acknowledged for the first time that discrimination against LGBTQ+ workers falls under the Title VII prohibition against sex discrimination. This victory was the result of decades of advocacy by LGBTQ+ people and their allies in and outside of the courtroom. Bostock is an important milestone achieved during a challenging era for many LGBTQ+ people. In the same term, the Supreme Court expanded the ministerial exception, which eviscerated protections against discrimination for some employees of religious institutions. The coming decision in Fulton v. the City of Philadelphia may also impact protections against employment discrimination.

    Despite progress, the LGBTQ+ community continues to face opposition and violence. As of April 2021, at least fourteen transgender and non-binary people have been killed, most of them Black transgender women, putting 2021 on pace to eclipse 2020 as the deadliest year on record for transgender people. In the same time frame, thirty-three states introduced over 140 anti-transgender bills, many targeting transgender youth.

    Against this backdrop, addressing discrimination against LGBTQ+ people is crucial. The program will cover federal, state, and local protections against discrimination for LGBTQ+ workers, including the implications of recent Supreme Court decisions in New York and around the country for employers and workers.

    Moreover, at the core of diversity, equity and inclusion is creating a workplace that leverages everyone’s unique identities and makes them feel part of a whole.  Doing so aids in attracting talent, engagement, connectedness, innovation and business growth.  Psychological safety is critical to creating this environment.  We will address some practical tips on building and maintaining psychological safety in the office and in the virtual workplace.

    Program Fee: Free for Members | $50 for Nonmembers

  • Alejandra Caraballo
    Staff Attorney
    Transgender Legal Defense & Education Fund

    Michelle E. Phillips
    Jackson Lewis LLP

  • 12:00 pm – 12:10 pm
    Overview of the Landscape for LGBTQ people in American in 2021

    • Positive legal developments, e.g. Bostock v. Clayton Cty., 590 U.S.___ (2020)
    • Avalanche of bills introduced in state legislatures mandating discrimination against trans people.
    • Epidemic of violence against transgender women of color.
    • The COVID-19 pandemic & its knock-on effects

    12:10 pm – 12:15 pm
    New York State & Local Laws Prohibit Discrimination Based on Sexual Orientation & Transgender Status

    • NYS Human Rights Law
    • NYC Human Rights Law

    12:15 pm – 1:00 pm
    Federal Law Prohibiting Sex Discrimination Protects LGBTQ Workers

    • Bostock v. Clayton Cty.
    • Post Bostock developments

    1:00 pm – 1:25 pm
    Impact of:

    • Fulton v. City of Philadelphia, ministerial exception decisions
    • District court decision regarding religious entities & anti-discrimination law
    • Requests for accommodation based on a religious objection

    1:25 pm – 1:45 pm
    Employer Obligations & Best Practices

  • New York: 2.0 Professional Practice
    New Jersey: 2.1 General
    California: 2.0 General
    Pennsylvania: 1.5 General
    Connecticut: Available to Licensed Attorneys

  • Sponsoring Association Committees:
    Labor & Employment, Katherine A. Greenberg, Chair
    Lesbian, Gay, Bisexual, Transgender and Queer Rights, Danielle King & Geoffrey L. Wertime, Co-Chairs

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org