Back in March we explored the question, "
So – Are LGBTQ Rights Protected Under Federal Employment Law
or Not?" In that article, which unpacked a recent federal
court decision on LGBTQ workplace protections, we concluded that
"it depends." While the issue is far from settled and the
answer still remains "it depends," two additional federal
decisions over the past two months indicate what may be a growing
wave of courts finding that LGBTQ status is protected under federal
employment discrimination law.
On April 4, 2017, the United States Court of Appeals for the
Seventh Circuit (covering Illinois, Indiana, and Wisconsin) cast
aside its own precedents as well as the positions of almost every
other appellate court by finding that sexual orientation is covered by
Title VII of the Civil Rights Act of 1964 (Title VII). Within
the states covered by the Seventh Circuit, sexual orientation is
now accorded the same protections as race, color, religion,
national origin and
