Monthly Archives: August 2016

SEVENTH CIRCUIT: SEXUAL ORIENTATION NOT PROTECTED UNDER TITLE VII

In recent years, legal protections for the civil rights of LGBT individuals have expanded at a rapid pace. Since the U.S. Supreme Court struck down the federal Defense of Marriage Act (“DOMA”) in 2014 as unconstitutional, it has done the same with state-law equivalents. That same year, President Obama signed Executive Order 13672, which prohibits federal government contractors from discriminating on the basis of sexual orientation. As this blog noted in 2015, the Equal Employment Opportunity Commission (“EEOC”) quickly jumped on the bandwagon with regard to other employers, affirming its position that Title VII protections extended to LGBT individuals. Now, the first U.S. Circuit Court of Appeals to consider the issue in this new legal landscape has disagreed – albeit reluctantly. Read More »

DON’T BE TOO SMART WITH YOUR SMART PHONE

In Pennsylvania, it is a felony for a person to intercept any wire, electronic, or oral communication unless all of the parties to the communication have given prior consent to such interception. This makes Pennsylvania a two/multiple-party consent jurisdiction. “Interception” is defined as the acquisition of any oral communication through an electronic, mechanical, or other device other than through a telephone or any component thereof. The traditional example of the crime is tape recording a conversation without the knowledge of one of the parties to the conversation. Read More »

RIGHTS OF HIV-POSITIVE JOB APPLICANTS AND EMPLOYEES

HIV infection is a disability under the ADA. What rights and responsibilities does an employer have in relation to HIV-positive applicants and employees? The EEOC recently clarified its position concerning HIV-positive individuals in the workplace in a press release, as well as documents addressing the rights of HIV-positive workers, including the right to be free from discrimination and harassment, and guidance to physicians in facilitating accommodations for those individuals. Read More »