■ ■ LGBTQIA. The acronym LGBTQIA stands for
lesbian, gay, bisexual, transgender, queer or
questioning, intersex, and ally or asexual.
■ ■ The starting line. Sexual, racial, and other
protected forms of discrimination by most
employers was first outlawed with the passage of
Title VII of the US Civil Rights Act of 1964.
■ ■ The dilemma. In the recent case Hively v. Ivy Tech
Community College, the Seventh Circuit interpreted Title
VII on the basis of sex stereotyping. This means a gay
person who is viewed as being “flamboyant,” is likely more
protected than a person who acts or dresses “straight.”
■ ■ Thefuture. Twenty US states have already prohibited
private employers from discrimination based on sexual
orientation. This trend is expected to continue.
By Donna L. Roberts and Stephen H. Price
If there were a website devoted exclusively to controversial topics facing in-house counsel, its drop-down
menu would be overwhelming. It would be crowded with everything from gun rights and marijuana usage
to social media threats and public access arguments. Among these contentious issues, LGBTQ rights
would surely make the list.