Tag archives: sexual orientation

Speculation in Human Rights Claims – A Recent Decision

One of the challenging circumstances often facing an employer is having to make a tough decision (e.g. termination) with respect to an employee who is known to have a protected characteristic under human rights law. Whether the employee is elderly, has a disability, is gay, or has another protected characteristic, the concern is that the employee will allege that the decision was discriminatory. Even if the employer is comfortable that the protected ground was not a factor in the adverse decision, the threat or commencement of a complaint will add costs, time and stress.

Thankfully, the BC Human Rights Tribunal … Continue Reading

Hitting a moving target: a year of expansion for federal contractor regulation and enforcement

Over the past year, the bar for U.S. federal contractor compliance has been raised considerably.  Between the Executive Orders issued by President Obama and the recent uptick in the number and dollar amount of settlements involving Office of Federal Contract Compliance Programs (OFCCP), the risks to contractors who fail to make the leap are greater than ever.

Minimum wage for covered employees

For instance, Executive Order 13658 took effect on January 1, 2015, and established a $10.10 minimum wage for contractors.  The directive applies to new contracts issued after January 1, 2015, as well as supplemental agreements to existing contracts … Continue Reading

What protection do employees have against discrimination on the grounds of sexual orientation in France?

The matter of discrimination based on an employee’s sexual orientation is becoming more and more topical as the claims of the homosexual community give rise to a greater public awareness of the protection of each individual’s sexual orientation.

In this respect, employees’ protection against such type of discrimination is principally ensured through the general principle of non-discrimination in the workplace, which prohibits any employer from treating an employee differently on the basis of certain prohibited grounds such as the employee’s sexual orientation.

An employer which does not comply with this prohibition faces the same sanctions as those applicable to any … Continue Reading

What protection from discrimination do employees have on the grounds of sexual orientation?

Traditionally the grounds of sexual orientation have become a condition to discriminate. In Colombia, legal provisions focus in the prohibition of all forms of discrimination based on gender, sexual orientation and gender identity.

According to Article 13 of the Colombian Political Constitution, each individual is born free and equal before the law, the same protection and treatment from the authorities is guaranteed. Every individual is entitled with the same rights, freedoms and opportunities without any discrimination on grounds of gender, race, nationality or family origin, among others. On the other hand, Article 10 of the Colombian Labor Code, states that … Continue Reading

What protection from discrimination do employees have on the grounds of sexual orientation?

This article was written by Yusuf Peer, an Associate at Norton Rose Fulbright South Africa

South Africa has a long history of discrimination, primarily based on race, due to its former apartheid policies. In addition to race however, there is also a history of discrimination and intolerance based on other grounds such as gender and sexual orientation.

On the fall of apartheid, the Constitution of Republic of South Africa, 1996 (Constitution) was enacted in order to undo the injustices of the past, and to protect and promote human dignity, equality and freedom. One of the rights enshrined in … Continue Reading

Current status of legal protections for sexual orientation and gender identity in employment

As the workforce becomes more and more diverse, sexual orientation and gender identity have become very hot topics in discussions regarding employee rights. It may be surprising to learn that neither is considered a protected class under current federal employment discrimination law in the United States.

At last count, however, 32 states, including the District of Columbia, have passed laws prohibiting employment discrimination based on sexual orientation and/or gender identity. While federal government employees and contractors enjoy similar protections, Congress has yet to expand the statutorily protected classes of race, color, sex, religion, national origin, age, disability, and genetic information … Continue Reading