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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

El Contrato Escrito: La Herramienta Predilecta

No existe mejor herramienta a una disputa contractual que un documento firmado por las partes en el cual se expongan las obligaciones y acuerdos entre éstas.

New State Budget Institutes Licensure Requirement for Ohio’s Hospitals

On July 1, 2021, Governor Mike DeWine signed Ohio’s final budget codified at Ohio Revised Code 3722.01 et seq., which includes a new licensing requirement for Ohio’s hospitals. For years, Ohio was the only state in the country that did not license its hospitals. This approach will now be replaced with new, detailed requirements that will require careful review and compliance. Here are some of the highlights concerning these new changes:

Healthcare Provisions in the Ohio FY 22-23 Budget

Governor Mike DeWine signed Ohio’s Fiscal Year 2022-2023 budget bill (HB 110) into law on July 1, 2021. At almost 1,000 pages and 74.1 billion dollars, the budget lays out the State’s spending for the next two years. Below are a few highlighted provisions from the budget that will be important for the healthcare industry in Ohio

Interim Final Rule for Surprise Billing

In an effort to implement the new bipartisan No Surprises Act, on July 1, 2021, the Department of Health and Human Services (HHS), along with the Departments of Labor and Treasury, issued an interim final rule to safeguard patients against unforeseen medical bills arising from out-of-network care.

President Biden Seeks to Limit Non-Compete Agreements

Today, President Biden announced he would issue an Executive Order that calls on the Federal Trade Commission (FTC) to adopt rules to curtail worker non-compete agreements. Interestingly, a week ago, the FTC approved changes to its Rules of Practice to modernize and expedite the way it issues Trade Regulation Rules. If you have followed our alerts, we predicted the elimination of non-competes would probably happen. In 2016, then-Vice President Biden was a vocal opponent against non-compete agreements. He led the Obama administration’s initiative seeking to limit or eliminate non-compete agreements. In his presidential campaign, Biden promised to “work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets . . ..”