HR New: Under New Court Ruling, is LGBT Harassment Now Legal? with Shannon Norris
In episode 202, Coffey talks with Shannon Norris about a federal court ruling that invalidated portions of the EEOC's 2024 harassment guidance related to sexual orientation and gender identity.
They discuss Norther District of Texas Federal Judge Matthew Kacsmaryk’s decision in State of Texas v. EEOC; the narrow scope of the Supreme Court’s ruling in Bostock v. Clayton County; the EEOC’s broad interpretation of the Bostock ruling in its 2024 Enforcement Guidance on Harassment in the Workplace; the elimination of courts’ deference to agency’s opinions under the Loper Bright Enterprises v. Raimondo decision; the distinction between agency guidance and actual law post Loper; practical workplace challenges concerning bathrooms, pronouns, misgendering, and dress codes; the difference between harassment based on biological sex versus sexual orientation or gender identity; why the Texas v. EEOC ruling doesn't change existing anti-harassment law; the importance of maintaining respectful workplaces regardless of legal requirements; and advice for employers to avoid becoming test cases in emerging litigation.
Links to stuff they talked about are on our website at https://goodmorninghr.com/EP202 and include the following topics:
EEOC Enforcement Guidance on Harassment in the Workplace
Federal judge in Texas rules LGBTQ+ people can be discriminated against at work
Federal Judge Scraps Biden EEOC’s Gender Identity Guidance: Here’s What It Means for the Workplace
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About our Guest:
Shannon Norris has represented a broad range of clients since he began practicing in 1993 in the areas of employment law, business litigation, trade secrets, civil fraud, and employee benefits. During that time, he has represented Fortune 100 companies to small businesses and individuals. Mr. Norris has extensive experience with employment litigation, noncompete agreements, misappropriation of trade secrets, and occupational fraud. He is a regular speaker on topics relating to employment law, civil litigation, and human resources.
Mr. Norris began his career in 1993 at the law firm of Jones Day, where he was a member of the Labor & Employment Law Section. He formed his own practice in the year 2000. He is also a Certified Fraud Examiner and a member of the Association of Certified Fraud Examiners.
Mr. Norris is Martindale-Hubbell AV Preeminent Peer Review Rated. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® PEER REVIEW RATINGS™ fall into two categories—legal ability and general ethical standards.
Shannon Norris can be reached at
https://www.linkedin.com/in/sdnorris/
About Mike Coffey:
Mike Coffey is an entrepreneur, licensed private investigator, business strategist, HR consultant, and registered yoga teacher.
In 1999, he founded Imperative, a background investigations and due diligence firm helping risk-averse clients make well-informed decisions about the people they involve in their business.
Imperative delivers in-depth employment background investigations, know-your-customer and anti-money laundering compliance, and due diligence investigations to more than 300 risk-averse corporate clients across the US, and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.
Imperative has been named a Best Places to Work, the Texas Association of Business’ small business of the year, and is accredited by the Professional Background Screening Association.
Mike shares his insight from 25+ years of HR-entrepreneurship on the Good Morning, HR podcast, where each week he talks to business leaders about bringing people together to create value for customers, shareholders, and community.
Mike has been recognized as an Entrepreneur of Excellence by FW, Inc. and has twice been recognized as the North Texas HR Professional of the Year.
Mike serves as a board member of a number of organizations, including the Texas State Council, where he serves Texas’ 31 SHRM chapters as State Director-Elect; Workforce Solutions for Tarrant County; the Texas Association of Business; and the Fort Worth Chamber of Commerce, where he is chair of the Talent Committee.
Mike is a certified Senior Professional in Human Resources (SPHR) through the HR Certification Institute and a SHRM Senior Certified Professional (SHRM-SCP). He is also a Yoga Alliance registered yoga teacher (RYT-200) and teaches multiple times each week.
Mike and his very patient wife of 28 years are empty nesters in Fort Worth.
Learning Objectives:
1. Understand the constitutional limitations on federal agencies like the EEOC under current law.
2. Understand the limitations of State of Texas v. EEOC and continue to prohibit any workplace harassment or disparate treatment based on sex.
3. &n...