The law surrounding LGBT employment rights has been undergoing rapid developments in the last several years, with increasing findings in the lower courts that anti-LGBT discrimination is per se sex discrimination. In response to these decisions, new arguments have been raised by opponents of LGBT employment equality including the contention that "original public meaning" bars such sex discrimination claims. This issue, which seems sure to be resolved by the Supreme Court in the near future (potentially even as early as this Term, as there are two cases pending cert), is thus one where up to date knowledge is vitally important to practitioners raising or defending LGBT employment rights claims.
Recorded at A Day on Employment Law in September 2019.