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ATTORNEY DANIEL A. GWINN TO SPEAK AT PFLAG GROSSE POINTE

“You can be married on Sunday and fired for that same act on Monday,” said attorney Daniel A. Gwinn, noting the current paradox affecting LGBTQ people. The friction between the Supreme Court’s recognition of marriage rights of LGBTQ people and the lack of protection from employment discrimination because of orientation or gender identity will be the focus of a talk by the Troy-based attorney at 6:30 p.m., Thursday, October 4, 2018 at the Grosse Pointe Unitarian Church, 17150 Maumee, Grosse Pointe. The event, sponsored by PFLAG Grosse Pointe, is open to the public.

Gwinn, who specializes in employment discrimination law, is a well-regarded speaker, whose informative talks frequently draw positive reviews. He is the author of several scholarly articles on employment discrimination. His “Ask the Lawyer” column appears regularly in the Sunday Home Front section of the Oakland Press and other local publications.

The only employment protection LGBTQ people enjoy is found in interpretations of the statutory language of Title VII, not the plain language of the statute itself, he said. But Title VII has come to cover areas probably never envisioned by Congress when it enacted the law, Gwinn stated.

“When we talk about LGBTQ rights,” Gwinn said, “we necessarily have to talk about an evolution of our view of civil rights.” Thanks to legal decisions interpreting Title VII, he added, “We are all protected against sexual harassment in the workplace, against hiring policies that favor one sex or one race over another, and, in some jurisdictions, against discrimination based on who you love.”

Gwinn added the question of LGBTQ rights in the workplace under Michigan law could be affected by the outcome of the gubernatorial election this November. Attorney General Bill Schuette, the Republican candidate for governor, has argued that Michigan’s Elliott-Larsen Civil Rights Act should not be read to include protections for LGBTQ people. Schuette says it is up to the legislature to amend the law. Michigan’s Department of Civil Rights, charged with enforcing the law, follows court interpretations of Title VII holding that sexual orientation and gender identity are necessarily included in the law’s prohibition against discrimination “because of … sex.” Democratic candidate Gretchen Whitmer supports the MDCR’s view.