Cardozo Journal of Equal Rights & Social Justice
Abstract
The note argues that state anti-discrimination laws are ineffective in protecting individuals from sexual orientation discrimination in employment, particularly in cases involving ERISA-governed employee benefits. It highlights how federal ERISA preemption undermines state laws, creating a legal gap that allows employers to discriminate without consequences. The note advocates for federal legislation to address this issue, as amending ERISA or relying on state laws alone cannot fully protect LGB individuals from discrimination in employment.
Disciplines
Civil Rights and Discrimination | Law | Sexuality and the Law
Recommended Citation
Jason E. Shapiro,
Employee Benefits Law: The Hidden Gap Enabling Sexual Orientation Discrimination in Employment,
19
Cardozo J. Equal Rts. & Soc. Just.
511
(2013).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol19/iss2/6