Gender Identity and Sexual Orientation Discrimination in the Workplace: A Practical Guide

This groundbreaking volume surveys state and federal laws applicable to lesbian, gay, bisexual, and transgender employees and discusses a wide range of HR best practices. It features must-read tips for labor and employment lawyers, HR professionals, and employers. First-person essays highlight voices and human stories at the nexus of this quickly changing area of law and society. Royalties from this treatise are being donated to GLBTQ Legal Advocates and Defenders (GLAD).


Price: $410.00 Book

Denise M. Visconti., Esq.
State Laws Executive Editor


The first book to comprehensively address workplace law and human resource practice relating to gender identity, sexual orientation, and gender expression, Gender Identity and Sexual Orientation Discrimination in the Workplace is a must-have for labor and employment lawyers and human resource (HR) professionals. Antidiscrimination law in this area has exploded over the past five years as more states and courts have expanded the law to protect lesbian, gay, bisexual, and transgender (LGBT) employees. This groundbreaking volume extensively discusses the current status of this rapidly changing area of law and serves as a critical tool for workplace law practitioners.

This new treatise surveys state and federal employment laws applicable to LGBT employees and discusses a wide range of HR best practices. Both legal and HR components are contextualized by a collection of 19 essays discussing the implications of gender and sexual orientation in society, across areas such as education, religion, and the workplace, as well in the lives of several essayists who have shared their personal stories and recommendations for employers, thus making this volume an invaluable all-in-one resource.

Gender Identity and Sexual Orientation Discrimination in the Workplace explores:

  • Employment discrimination laws, immigration law, labor arbitration, and plaintiff and defense litigation tactics and strategies
  • Landmark decisions in Schroer v. Billington, Glenn v. Brumby, Macy v. Holder, and United States v. Windsor
  • Summaries of employment laws relating to LGBT issues in all 50 states, the District of Columbia, and Puerto Rico
  • Practical solutions for HR professionals implementing policies, practices, and programs that respond to the changes in the law and the growing social acceptance of LGBT employees
  • Intersections of gender and sexual orientation with culture, education, politics, religion, and the workplace

In addition, this book features detailed case summaries, coverage of Title VII and ADA case law, and a comprehensive discussion of the challenges presented by LGBT terminology. Written and reviewed by more than 125 expert contributors on both sides of the employee–management divide, this treatise provides both insightful commentary and pragmatic guidance with regard to navigating this evolving area of antidiscrimination law in the workplace.

Be sure to scroll down and read some of the glowing reviews that this groundbreaking resource has received.


Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Christine Michelle Duffy, Esq., is a Senior Staff Attorney with the Pro Bono Partnership in Parsippany, NJ.

Denise M. Visconti, Esq.,  is Managing Shareholder of the San Diego, CA office of Littler Mendelson, P.C.

Written with the assistance of The National LGBT Bar Association and its Executive Director D'Arcy Kemnitz, Esq. Royalties from this treatise are being donated GLBTQ Legal Advocates & Defenders (GLAD).


View full tables of contents and read the book’s preface or introduction.


Read what others have to say about this Bloomberg BNA book.

Because of the unfinished nature of the business [of providing justice and economic equality for all], this treatise is at once groundbreaking and a work in progress.... Not only has [Duffy] enlisted an extraordinary cadre of more than 125 experts in every aspect of LGBT life, but she has produced her own original work: In her commentary and in the structure she has created for the various expert presentations, she has provided us not only with vital information and insights, but also with context so that we can see the issues as a whole. Lawyers, social workers, scholars, and ordinary citizens alike will return to this volume again and again not only for knowledge but for inspiration, and perhaps even to inform the next battle for civil rights, whatever that may be.

Justice Virginia Long (ret.) and Asaf Orr, Esq.

New Jersey Supreme Court and Fox Rothschild LLP; National Center for Lesbian Rights (from the Foreword)

The issue of gender identity and sexual orientation discrimination has moved quickly to the forefront of progressive social movements. This new volume will show where that movement came from, including personal stories of the movement's development, where it is now, where the movement is going in law, in workplaces and society more generally but also what still needs to be done to guarantee full equality.

Michael J. Zimmer

Professor of Law, Loyola University Chicago

This immensely useful guide for dealing with gender and sexual orientation discrimination in the workplace should be on the bookshelf of all ethics and compliance officers, corporate counsel, and human resource professionals.  Christine Duffy has put together what will surely be the bible for bringing fair treatment to LGBT people.  Furthermore, this work has the potential to accomplish the higher purpose of why Ms. Duffy spent over three years of her life on this project—namely, to help people humanize those who are unlike them. This is a two-thumbs-up book.

W. Michael Hoffman, PhD.

Executive Director, Center for Business Ethics, and Hieken Professor of Business and Professional Ethics, Bentley University

Duffy has compiled a thorough examination of the key issues pertaining to gender identity and sexual orientation in the workplace.  For any human resource or legal professional, the message to not discriminate in the workplace is loud and clear.  Her treatise is a solid reference guide for any size of firm.

Joy M. Gaetano (ret.), SPHR

Director of Human Resources, North Allegheny, PA School District

Labor and employment law is a dynamic, living thing, constantly changing and causing stress for those charged with administering it in the workplace.  Gender identity issues seemingly are the most impenetrable and difficult to understand.  Every once in a while, however, someone drops a gift in our lap which makes everything much easier to comprehend.  Christine Duffy has done just that with her Gender Identity and Sexual Orientation Discrimination in the Workplace.  In one remarkable, easy to read treatise, Duffy attacks and conquers all issues related to federal and state law requirements in one easy to use volume.  Want to know the legality of certain actions in New Mexico or Alabama?  No problem.  Want practical guidance on how to address a transgender worker?  Done.  If only all areas of workplace law had such a volume.  This tome is a must have for human resources professionals and lawyers.

Mark Theodore

Co-Chair Labor-Management and Collective Bargaining Practice Group, Proskauer Rose LLP

Gender Identity and Sexual Orientation Discrimination in the Workplace: A Practical Guide offers a comprehensive and authoritative survey of these rapidly developing areas of the law. The Editor-in-Chief of this impressive new treatise, Christine Michelle Duffy, an experienced employment law practitioner and civil rights advocate, has assembled an impressive team of nationally recognized experts, including legal scholars, judges, distinguished employment law practitioners, and government officials, who have all contributed chapters to this remarkable book.

Those who are new to this cutting-edge frontier of equal opportunity law are likely to be amazed by the considerable heft (1,772 pages) of this scholarly study of GISO law and will be impressed by the wealth of practical, down-to-earth suggestions on how to comply with recent developments in the law in this area, all for just pennies a page.

This is a truly extraordinary, groundbreaking publication for a rapidly growing area of the law that will be a work in progress for the foreseeable future. It will be a handy desk reference for every employment law practitioner and a ‘must’ addition to the libraries of all human resources professionals.

Gerald D. Skoning

Retired partner, Seyfarth Shaw, LLP


Forewords by

Virginia Long, Esq., Justice (ret.), New Jersey Supreme Court, and Counsel, Fox Rothschild LLP

Jack Markell, Governor, State of Delaware

Asaf Orr, Esq., Staff Attorney, National Center for Lesbian Rights

Authors, Contributors, and Reviewers

Thomas Beatie, author of Labor of Love: the Story of One Man's Extraordinary Pregnancy
David G. Bowman, Esq.
, Director, Morgan Lewis Resources Workplace Training, and Partner, Morgan, Lewis & Bockius LLP
Patrick G. Brady, Esq., Partner, Epstein Becker & Green, P.C.
Sara Cable, Esq.
, Assistant Attorney General, Consumer Protection Division, Office of the Massachusetts Attorney General
Patricia A. Cain, Esq.
, Aliber Family Chair in Law Emeritus, University of Iowa College of Law, and Professor of Law, Santa Clara University School of Law
Erin Clouthier, M.S.W., M.Ed.
, Graduate Program, Widener University Center for Social Work Education and Center for Human Sexuality Studies
Christine Michelle Duffy, Esq.
, Senior Staff Attorney, Pro Bono Partnership
Kathie Duffy
, Executive Assistant and Firm Seminar Coordinator, Schwartz Hannum PC
Chai R. Feldblum, Esq.
, Commissioner, U.S. Equal Employment Opportunity Commission, and former Professor of Law and Director, Federal Legislation and Administrative Clinic, Georgetown University Law Center
Taylor Flynn, Esq.
, Professor of Law, Western New England University School of Law
Maureen L. Gallagher, Director of Policy, Jane Doe Inc.
Robyn B. Gigl, Esq.
, Managing Partner, Stein, McGuire, Pantages & Gigl, LLP, Board Member, Garden State Equality and Transgender Legal Defense & Education Fund, and Chair-Elect, New Jersey State Bar Association, LGBT Rights Section
Vandy Beth Glenn
, successful plaintiff in Vandiver Elizabeth Glenn v. Sewell R. Brumby
Suzanne B. Goldberg, Esq.
, Herbert and Doris Wechsler Clinical Professor of Law and Director, Center for Gender and Sexuality Law, Columbia Law School
Alexis Grant (pseudonym)
, the parent of a woman who went through a gender affirmation
Belinda J. Grant-Anderson
, Vice President, Workforce Development & Diversity, AT&T
Julie A. Greenberg, Esq.
, Professor of Law, Thomas Jefferson School of Law, Board Member, Advocates for Informed Choice, and Member, World Professional Association for Transgender Health Legal Issues Committee
CJ Griffin, Esq.
, Associate, Pashman Stein PC, and Vice Chair, New Jersey State Bar Association, LGBT Rights Section
Maura T. Healey, Esq., former Chief, Civil Rights Division, Office of the Massachusetts Attorney General
Vickie L. Henry, Esq.
, Senior Staff Attorney, Gay & Lesbian Advocates & Defenders
Ronald M. Hershkowitz, Esq.
, Counsel, Lindabury McCormick, Estabrook & Cooper, P.C.
Katherine A. Hesse, Esq.
, Partner, Murphy, Hesse, Toomey & Lehane, LLP
Terra Hittson
, Class of 2014, Columbia Law School
Linda Houser, Ph.D.
, Assistant Professor, Widener University Center for Social Work Education
Natalie F. Hrubos, Esq.
, Associate, Duane Morris LLP
Kevin Hu
, Class of 2014, Columbia Law School
David G. Islinger, Esq.
, Partner, Jackson Lewis P.C.
Lynn A. Kappelman, Esq.
, Partner, Seyfarth Shaw LLP
Ethan E. Kaufman, Esq.
, Partner, Fragomen, Del Rey, Bernsen & Loewy, LLP
Scott Keeler
, Photojournalist, Tampa Bay Times
Dolan A. Kneafsey, M.S.S., L.S.W.
, Child Welfare Investigator
Mary R. Lauby
, Executive Director, Jane Doe Inc.
Jennifer L. Levi, Esq.
, Professor of Law, Western New England University School of Law, and Director, Transgender Rights Project, Gay & Lesbian Advocates & Defenders
Littler Mendelson P.C.
, network of lawyers who wrote summaries of the laws in the 50 states, DC, and PR
Christy Mallory
, Reid Rasmussen Fellow of Law & Policy, The Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy, UCLA School of Law
Susan B. Marine, Ph.D.
, Assistant Professor and Director, Higher Education Graduate Program, Merrimack College School of Education
Seth M. Marnin, Esq.
, Associate Director, Legal Affairs, Civil Rights Division, Anti-Defamation League
Cheryl McCormick, Esq. (pseudonym)
, who explains her reasons for not disclosing her gender affirmation
Sharon M. McGowan, Esq.
, former Staff Attorney, ACLU Lesbian Gay Bisexual Transgender Project and lead trial counsel in Diane J. Schroer v. John H. Billington, Librarian of Congress
M’Alyssa C. Mecenas, Esq.
, Associate, Paul Hastings LLP
The National LGBT Bar Association, network of lawyers who reviewed state law summaries  
Victoria Neilson, Esq.
, former Legal Director, Immigration Equality
Ryan H. Nelson, Esq.
, Associate, Jackson Lewis P.C.
Michelle E. Phillips, Esq.
, Partner, Jackson Lewis P.C.
Catherine E. Reuben, Esq.
, Partner, Hirsch Roberts Weinstein LLP
Erika J. Rickard, Esq.
, Research Associate, Harvard Business School and Consultant, Better Work Institute, Boston, Massachusetts
Richard J. Schachter, Esq.
, Partner, Norris McLaughlin & Marcus, P.A., legal counsel for the late Paula Grossman
Brad Sears, Esq.
, Roberta A. Conroy Scholar and Executive Director, The Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy, and Assistant Dean, UCLA School of Law
The Rev. Jean Southard
, Presbyterian Church (U.S.A.)
Margaret S. Stumpp, Ph.D.
, Chief Investment Officer, Quantitative Management Associates LLC (Prudential Investment Management, Inc.)
Irina Vaynerman
, Class of 2014, Yale Law School
Denise M. Visconti, Esq.
, Managing Shareholder, Littler Mendelson P.C.
Kier Wachterhauser, Esq.
, Associate, Murphy, Hesse, Toomey & Lehane, LLP
Dantaya Williams
, Director, Workforce Diversity, United Technologies Corporation