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

Pro Bono Partnership senior staff attorney Christine Michelle Duffy is editor-in-chief and contributing author of the groundbreaking Bloomberg BNA treatise Gender Identity and Sexual Orientation Discrimination in the Workplace: A Practical Guide. The treatise includes a comprehensive review of federal, state, and local laws and regulations, 15 chapters on human resource practices, and 19 essays on the intersections of gender and sexual orientation with culture, education, politics, religion, and the workplace.

In their Foreword to the treatise, retired New Jersey Supreme Court Justice Virginia Long and National Center for Lesbian Rights Staff Attorney Asaf Orr observe:

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 [Christine] 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.

In addition to Christine’s wife, Kathie, and daughter, Laura, Christine dedicated the treatise to “all the pro bono lawyers who have sought justice and full equality under the law on behalf of people whom the majority in society simply did not understand or hated for no reason other than that they were different.”

The following parts of the book are available for free download:

Summary Table of Contents

Detailed Table of Contents

Preface (which includes an explanation for why Christine selected the GLBTQ Legal Advocates & Defenders (GLAD) to receive the book’s royalties)

Contributors (by Chapter)

Foreword 1: Unfinished Business (written by Justice Virginia Long and Asaf Orr)

Foreword 2: With Fairness for All (written by Delaware Governor Jack Markell)

Chapter 13: Why I Support Transgender Rights: An Employer-Side Lawyer’s Story (written by Catherine E. Reuben)

Chapter 15: Federal Equal Protection (written by Taylor Flynn, with Jennifer L. Levi and Irina Vaynerman)

Chapter 16: The Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 (written by Christine Michelle Duffy)

Chapter 19: The Employment Non-Discrimination Act: Its Scope, History, and Prospects (written by Suzanne B. Goldberg, Terra Hittson, and Kevin Hu, with Christine Michelle Duffy)

Chapter 39: Law and Culture in the Making of Macy v. Holder (written by EEOC Commissioner Chai R. Feldblum)

Chapter 40: Employment Discrimination Against LGBT People: Existence and Impact (written by Brad Sears and Christy Mallory)

Chapter 41: How LGBT-Related Workplace Policies Can Have a Positive Impact on the Corporate Bottom Line (written by Brad Sears and Christy Mallory)

Chapter 44: A Millennial Moment: Understanding Twenty-First Century LGBT Workers and Their Allies (written by Susan B. Marine)

Chapter 46: Interacting in the Workplace With Individuals Who Have an Intersex Condition (written by Julie A. Greenberg)

Chapter 47: Clothes Don’t Make the Man (or Woman), But Gender Identity Might (written by Jennifer L. Levi)

To find the treatise in a major library, go to