Employers are increasingly conscious about the threat ofdiscrimination lawsuits based on sexual orientation and gender,according to a new report from Littler Mendelson, an employment and labor lawfirm.

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Nearly three-quarters of surveyed employers say they expect tosee a rise in claims related to discrimination based on sexualorientation, compared to less than a third who said the same thinglast year.

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Similarly, 61 percent of employers say they expect to see anuptick in unequal pay claims related to gender, up from only 34percent last year.

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The anticipation of gender and sexual orientation-basedclaims comes on the heels of a year of vociferousdebate over accommodation for transgender customers, students andemployees.

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The Obama administration has signaled that states, cities andpublic schools that do not allow transgender people access tobathrooms that correspond to their gender identity, for instance,may lose federal funding.

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Barry Hartstein, a Littler Mendelson attorney specializing inequal employment opportunity issues, explains that while Congresshas not approved any new workplace protections based on sexualityor gender identity, the Equal Employment Opportunity Commission hastaken the position in recent years that discrimination based oneither of those two characteristics is a violation of Title 7 ofthe Civil Rights Act.

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“I feel the agency has tried to be a game-changer in this area,”he told BenefitsPRO.

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Mark Phillis, another attorney at Littler Mendelson, says headvises employers that once a suit is filed, “you’ve already losthalf the battle” because of the effect on employee morale, thecompany’s public image, and the legal costs.

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Women’s rights in the workplace continues to be a hot topicpolitically, as well. Employers and policymakers face increasingpressure politically to combat sexual harassment, address thepersistent pay gap between male and female workers and develop workpolicies that accommodate the unique challenges of pregnancy andmotherhood.

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Hillary Clinton, the first female major party nominee in U.S.history, has made combating pay discrimination and supporting moregenerous parental leave policies a central tenet of hercampaign.

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