By: Laura Segal
June 19, 2014
Basic federal protections exist to protect against workplace discrimination for gender nonconformity, but federal protections against workplace discrimination due to sexual orientation are non-existent. Hence, defense attorneys invariably make the highly fact-sensitive argument that plaintiffs are really just "bootstrapping" a unrecognized claim. Good news: this oft-muddled issue will cease to exist if the Employment Non-Discrimination Act becomes law.