Lord Discusses Impact of Kennedy Retirement on LGBT Cases

Partner Jack Lord was quoted in a Business Insurance article, “Employers Likely to Prevail in LGBT Cases at Supreme Court with Kennedy Retirement,” about whether employers will have an easier time combating sexual orientation discrimination claims before the U. S. Supreme Court in a post-Justice Anthony Kennedy court. The Supreme Court is likely to consider issues involving sexual orientation and gender discrimination due to a split among the circuits.

“That issue is going to go before the Supreme Court for sure in the next year or two,” Lord said. “If Justice Kennedy had stayed, I think odds are it would have been a 5 to 4 ruling saying that Title VII sex (discrimination) also includes gender identity and sexual orientation discrimination. I think now it’s going to be a 5-4 decision, but the other way.”

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