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:

 

State of Texas and The Heritage Foundation v. Equal Employment Opportunity Commission, et al: Memorandum Opinion and Order

 

EEOC  Enforcement Guidance on Harassment in the Workplace

 

Bostock v. Clayton County, Georgia Certiorari to the United States Court of Appeals for the Eleventh Circuit 

 

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

 

Good Morning, HR is brought to you by Imperative—Bulletproof Background Checks. For more information about our commitment to quality and excellent customer service, visit us at https://imperativeinfo.com. 

 

If you are an HRCI or SHRM-certified professional, this episode of Good Morning, HR has been pre-approved for half a recertification credit. To obtain the recertification information for this episode, visit https://goodmorninghr.com. 

 

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.norrisfirm.com

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