Earlier this year, I predicted the issue of sexual-orientation discrimination was headed all the way to the United States Supreme Court. On September 7, 2017, the issue did, in fact, reach the Supreme Court when the Lambda Legal Defense and Education Fund filed a petition for a writ of certiorari on behalf of Jameka Evans. Ms. Evans had sued her employer for allegedly firing her for being a lesbian.
The Obama Administration issued new regulations about overtime that were to take effect on December 1, 2016. Just before they were to take effect, a U.S. district court in Texas enjoined the regulations. So since about December 1, 2016, employers have been in legal limbo about what’s going to happen.
Odd, bizarre, contradictory, based on gossamer-thin distinctions—all these words have been used to describe the state of the law about employment discrimination based on sexual orientation.
Update: On August 29, 2017, the Office of Information and Regulatory Affairs (OIRA) indefinitely suspended the new EEO-1 Form. OIRA is part of the Office of Management and Budget (OMB).
In 2016, the Obama administration issued a new overtime rule. The rule was set to take effect on December 1, 2016. But in November 2016, a Federal district judge enjoined the enforcement of the rule. In December, the U.S. Department of Labor (DOL) appealed the district judge’s injunction to the U.S. Fifth Circuit Court of Appeals.