Title VII has long been interpreted not to prohibit discrimination on the basis of sexual orientation. In addition, bills (such as ENDA) to amend Title VII to prohibit discrimination based on sexual orientation have been introduced in Congress for over 20 years, but have not yet been enacted. Therefore, for some time, LGBT workers had not right to bring suit against employers that discriminated against them because of their sexual orientation.
In recent years, however, many states and municipalities have passed laws and ordinances prohibiting employers from discrimination based on sexual orientation. In addition, some federal courts have interpreted Title VII to prohibit sexual orientation discrimination caused by failure to conform to sex-stereotypes and gender norms.
Scope and Purpose
This libguide is designed to assist practitioners faced with sexual orientation employment discrimination issues. Whether an in-house counsel or employment law litigator, this libguide provides the best online databases, secondary sources, and current awareness tools to help you research efficiently and accurately. Students may also find this libguide useful; however, the resources offered on this libguide are tailored to attorneys who need easy to navigate and search resources. Here is a brief overview of what you will find in this libguide:
Most attorneys are familiar with searching cases, statutes, and regulations on Westlaw, Lexis, and Bloomberg; however, most attorneys are not as familiar with the special practical guides these databases offer. Westlaw offers a service called Practical Law, and Bloomberg offers a similar service called Practice Center. While both services are solid resources, Westlaw: Practical Law is the best practical guide, because it is easier to navigate, search, and use, and offers extra research tools that Bloomberg: Practice Center does not offer.
To find the best secondary sources, look to the secondary sources tab. I have provided a review of three secondary sources.
Current Awareness Tools
The most unique characteristic of this topic (sexual orientation employment discrimination) is the law is evolving, non-discrimination laws vary by state and municipality, and the EEOC can bring claims as well as individuals. The Current Awareness Tools Tab provides the best sources for attorneys to maintain current awareness on empirical data, major legislation, state-by-sate non-discrimination laws, and EEOC litigation
Sample Research Problems
In this libguide, you will also find sample research problems an in-house attorney or employment law litigator may encounter, and a step-by-step guide for researching the problems.
This guide has been created in support of Professor Diamond's Advanced Legal Research class for Fall 2016. The contents of this guide should not be taken as legal advice or as the work product of Mizzou Law librarians.