EEO

Supreme Court Decides LGBT Employees Are Covered by Civil Rights Act of 1964

On June 15, 2020, the Supreme Court issued a landmark decision in the case of Gerald Lynn Bostock v. Clayton County, Georgia, in which they found that the language of the Civil Rights Act of 1964, which prohibits sex discrimination, applies to discrimination based on sexual orientation and gender identity.  EEOC has treated sexual orientation and gender identity in this matter since approximately 2012, and that is referenced in a footnote to the decision:The EEOC first held that “discrimination against a transgender individual because that person is transgender” vi

EEO

Supreme Court to Decide LGBT Rights

We continue to keep an eye on the cases concerning LGBT employment rights that are before the Supreme Court:  Bostock v. Clayton County, Ga., No. 17-1618, Altitude Express Inc. v. Zarda, No. 17-1623, and  R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, No. 18-107. The link below will take you to a New York Times article explaining what's at stake. We'll keep you posted...https://www.nytimes.com/2019/10/08/us/politics/supreme-court-gay-transgender.html

EEO

Coming Soon…LGBTQ Coverage Clarification

Those of us who are familiar with Federal-sector EEO processing know that EEOC has found that discrimination based on sexual orientation is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, despite the fact that Title VII does not explicitly include sexual orientation or gender identity in its list of protected bases. It articulates its reasons in the Baldwin v. Department of Transportation decision EEOC Appeal No. 0120133080 (July 15, 2015). The Department of Justice disagrees maintaining Title VII does not protect against sexual orie

EEO

New EEO-Related Legislation

In January 2019, HR-135 was reintroduced and passed the House of Representatives.  The bill is called the Federal Employee Antidiscrimination Act of 2019, and it amends and strengthens the No FEAR Act of 2002.  In its current form, the bill has a few interesting provisions:Agencies have to report to EEOC whether disciplinary action has been initiated against a federal employee as a result of the finding of discrimination (either a final action or appellate decision)The agency must include a notation of the adverse action and the reason for the actio

EEO

Meet the CEO

-By Katie Scherner, January 30, 2019As an intern for Art of Resolution, I have grown to admire its CEO, Rosa Franco. I had the pleasure of interviewing Rosa recently about a variety of topics, including career advice, and her views on some hot topics in the world of EEO and diversity. Click below for the interview.https://youtu.be/Q7EYs7itA5s

EEO

Experienced EEO Counselors Needed!

If you are a certified EEO counselor with at least 2 years of experience, please send your resume, your original certificate and refresher certification to admin@artofresolution.com.  We periodically have a need for EEO counselors who are able to conduct complex Federal EEO counseling within 30 days from date of assignment.  In addition to the technical expertise, we are looking for the following skills:High proficiency in Microsoft Word, and Adobe Pro (or similar PDF creator);Exceptional time management skills;Experience working in a shared drive;Ab

EEO

A Chill in the Air…

When we train managers and supervisors, we spend some time talking about the importance of preserving and protecting employees’ right to engage in the EEO complaint process.  In this case from EEOC’s 1st quarter Digest of Equal Employment Opportunity Law, a supervisor’s comments about the complainant’s EEO activity resulted in a finding of retaliation.  EEOC reminds us that any conduct that is designed to intimidate and/or interfere with the complainant’s EEO activity or deter employees from exercising their EEO right can result in a finding of discrimination.  In other wor

EEO

A Stitch in Time…

Changes in schedule are common reasonable accommodation requests. In this case, from EEOC’s 1st quarter Digest of Equal Employment Opportunity Law, an agency forced the complainant to take an hour of leave each day, rather than permitting him to alter his schedule, which resulted in a finding of discrimination…  Complainant requested to change to a later shift or be allowed to report one hour later as a reasonable accommodation. Following a hearing, the AJ found that the Agency accommodated Complainant by allowing him to report to work one hour later and use one hour of