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Title VII to Protect LGBTQ Community

It is not every day that the United States Supreme Court issues a decision that dramatically changes the workplace, but it happened this week. In a landmark decision captioned as Bostock v. Clayton County, issued by the Court on June 15th, the Court ruled that federal law prohibiting discrimination on the basis of “sex” will now include protections for individuals on the basis of sexual orientation, transgender, and gender identity.

On its face, Title VII of the Civil Rights Act of 1964 provides, in pertinent part, that it is an “unlawful employment practice for an employer” to discriminate against an individual “because of such individual’s race, color, sex, or national origin” (emphasis added).

In the decades since its passing, courts across the country have grappled with the meaning of “sex” within the text of Title VII and the extent of its coverage; however, today, the Court clarified that “sex” includes sexual orientation, transgender, and gender identity, extending employment protections to these protected classes of people.

Justice Gorsuch delivered the opinion of the Court in which he writes:

In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee’s sex when deciding to fire that employee. We do not hesitate to recognize today a necessary consequence of that legislative choice: An employer who fires [or discriminates against] an individual merely for being gay or transgender defies the law.

This is a very important decision for all employers in America to recognize and follow as it will surely lead to liability and lawsuits for those employers that choose to ignore it. Practically, this decision prohibits an employer from considering an employee’s sexual orientation, transgender, or gender identification when making decisions concerning hiring, discipline, pay rate, job duties, and termination. As a result, employers should take this ruling as an opportunity to update employee handbooks and ensure provisions reflect the newly identified protected classes. As an additional measure, employers should use this decision as an opportunity to conduct re-trainings for all employees to ensure company-wide compliance with anti-discrimination and harassment policies, including the recent protections afforded to the LGBTQ community. Finally, this decision should spark employers to consider purchasing or reviewing their current Employment Practices Liability Insurance (“EPLI”) plan to ensure protection in the event of claims arising out of this decision.

Bryan Meek is a member of Brennan, Manna & Diamond’s Employment & Labor team and is available to assist you with responding to requests for information and/or appealing unfavorable unemployment decisions. Bryan can be reached at 330.253.5586, or bmeek@bmdllc.com

A New Formation Solution – is the SSLC Right for Your Business?

In early January 2021, Ohio adopted Senate Bill 276 which established a Revised Limited Liability Company Act (“ORLLCA”) as Ohio Revised Code Chapter 1706, which effectively replaces the current Ohio Limited Liability Company Act (Ohio Revised Code Chapter 1706). The ORLLCA will become effective on January 1, 2022. One of the principal changes within the ORLLCA is the ability to establish “series LLCs”. Ohio becomes the 15th state to adopt a “series LLC” (“SLLC”). The below FAQs will help you better understand the mechanics and nuances of a series LLC.

Surprise! A Cautionary Tale for Out-Of-Network Billing: The No Surprises Act and the Impact on Healthcare Providers

SURPRISE! Congress passed The No Surprises Act at the end of 2020. Providers, particularly those billing as out-of-network providers, should start thinking about strategies to comply with this new law, set to take effect on January 1, 2022. In its most basic sense, the new law prohibits providers from billing patients for more than the in-network cost-sharing amount in most situations where surprise bills happen. It specifically applies to non-government payers and the amounts will be set through a process described in the new law. In particular, the established in-network cost-sharing amount must be billed for the following services:

Ohio Enacts Substantial Changes to Employment Discrimination Laws

In January, Governor Mike DeWine signed into law the Employment Law Uniformity Act, amending the employment protections in the Ohio Civil Rights Act in several significant ways. Such changes to the state’s anti-discrimination and anti-harassment laws have been considered and debated for years and finally made their way into Ohio law. What has changed for employment claims under the amended Ohio Civil Rights Act?

OHIO ADOPTS THE SERIES LLC: Implementation of Ohio’s Revised Limited Liability Company Act is Coming

On January 7, 2021, Ohio adopted S.B. 276. The new legislation establishes the Ohio Revised Limited Liability Company Act (“ORLLCA”) which effectively replaces the current Ohio LLC Act. ORLLCA will be fully effective as of January 2022. While the new law contains numerous changes to the existing LLC landscape, below is an overview of some of the key differences under the ORLLCA.

Will Federal Legislation Open Cannabis Acquisition Floodgate?

Are potential buyers quietly lobbying at federal and state levels to kick open the door to launch a new round of strategic acquisitions? Will presently pending federal legislation, the SAFE and MORE Acts, providing safe harbor for banks and re- or de-scheduling marijuana, be sufficient to mobilize into action major non-cannabis companies that previously shunned the cannabis industry due to the unknown implications of owning businesses whose activities are illegal under federal law?