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What Does Bostock Mean? Texas Judge Tosses EEOC Guidance Interpreting the Landmark Title VII Ruling that Protects LGBTQ+ Employees

Seyfarth Synopsis: The EEOC published guidance to provide clarity on its interpretation of Title VII protections for LGBTQ+ employees in the wake of the landmark case Bostock v. Clayton County, GA. A recent decision by a...more

Equal Access to Travel Benefits

Seyfarth Synopsis: As more employers announce that they cover travel benefits under their medical plans that will allow participants to be reimbursed for certain travel expenses necessary in order to access otherwise covered...more

Transgender Patients Remain Protected: District Court Blocks HHS Rule From Taking Effect

Seyfarth Synopsis: A Federal Court has temporarily enjoined the Trump administration from putting into effect its recent rule that strips the Affordable Care Act of its gender identity protections....more

Supreme Court Holds that Title VII Prohibits Discrimination Based On Sexual Orientation and Gender Identity

For decades, courts and practitioners have struggled with whether federal law protects employees against discrimination on the basis of sexual orientation and gender identity. Yesterday, in a landmark 6-3 decision authored by...more

High Court To Determine Whether Title VII Prohibits Discrimination on the Basis of Sexual Orientation and Gender Identity

Seyfarth Synopsis: Yesterday, the Supreme Court granted review to a trio of Title VII cases raising the issue of whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. The Court’s...more

Second Circuit Holds That Title VII Bars Sexual Orientation Discrimination

Seyfarth Synopsis: In landmark decision, the Second Circuit joins the Seventh Circuit in holding that Title VII prohibits discrimination on the basis of sexual orientation as a subset of sex discrimination....more

TITLE VII: Court Breaks from Department of Justice on Transgender Rights

Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western...more

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

Management Alert – The Current Federal Retrenchment on LGBT Rights

Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment....more

Eighth Circuit Grants Slight Reprieve To Mother Of Transgender Son In ACA Discrimination Suit

Seyfarth Synopsis: The Eighth Circuit upheld dismissal of Title VII claims challenging an employee benefit plan’s blanket transgender exclusion because the exclusion impacted the employee’s transgender son, not the employee....more

Seventh Circuit Finds Discrimination on the Basis of Sexual Orientation Prohibited by the Civil Rights Act

Seyfarth Synopsis: The Seventh Circuit becomes the first appellate court to hold that discrimination on the basis of sexual orientation is prohibited as sex discrimination under Title VII. The decision establishes a circuit...more

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

Courts Say Title VII Forbids Employment Discrimination Based on Sexual Orientation and Gender Identity

Seyfarth Synopsis: Increasingly, courts have held that discrimination on the basis of sexual orientation and gender identity violates Title VII. Federal district courts in Nevada and Pennsylvania have recently joined their...more

Seventh Circuit to Re-Hear Case Determining Whether Sexual Orientation Discrimination is Covered By Title VII

Seyfarth Synopsis: A Seventh Circuit panel’s ruling that Title VII does not cover claims of sexual orientation discrimination will be heard en banc by the Circuit. Whether an en banc ruling affirms or reverses the panel’s...more

Texas District Court Enjoins Federal Gender Identity Protection Of Students

Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for...more

Suing Not Too Wisely

Seyfarth Synopsis: A district court in Minnesota recently found an employee could not challenge a plan’s blanket transgender exclusion under Title VII, when the employee was not transgender but her son was. The Court went on...more

Bathroom Bills: What Employers Need To Know

Seyfarth Synopsis: The passage of “Bathroom” or “Religious Freedom” bills raises issues for employers operating in impacted states. Employers in these states may wish to consider taking proactive and affirmative steps in the...more

The EEOC Files Historic Lawsuits Testing Theory That Title VII Covers Discrimination Based On Sexual Orientation

As we’ve been reporting in our blogs, the EEOC continues to pursue an expansive theory of discrimination. It has taken the position that discrimination on the basis of sexual orientation and gender identity is prohibited...more

When Will We Know If Title VII Applies To Cases of Sexual Orientation Discrimination?

A Judge in the Northern District of Illinois has found that the protections of Title VII of the Civil Rights Act of 1964 do not extend to cases of discrimination on the basis of sexual orientation. This ruling is in...more

College Basketball Players Can Bring Sexual Orientation Claim Under Federal Law, And Why Employers Should Pay Attention

In the months since the EEOC’s landmark ruling in Baldwin v Foxx, the looming question has been: Would federal courts adopt the Commission’s position that claims of sexual orientation discrimination were cognizable under...more

Seventh Circuit Asked To Recognize That Protections Of Title VII Cover Gays and Lesbians

Are Federal Courts ready to recognize that Title VII’s anti-discrimination prohibition extends to claims of sexual orientation? This question will be decided when the Seventh Circuit issues a ruling in Kimberly Hively v....more

The EEOC Rules That Existing Federal Law Prohibits Employment Discrimination Based On Sexual Orientation

In a landmark ruling on July 15, 2015 in _____ [name of charging party kept secret] v. Foxx, EEOC Appeal No. 2012-24738–FAA-03 (July 15, 2015), the U.S. Equal Employment Opportunity Commission (“EEOC’) held for the first time...more

Same-Sex Marriage Bans As Sex Discrimination: The potential impact on plan sponsors

In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question: Counsel, I’m, I’m not sure it’s necessary to get into sexual orientation to resolve...more

The Supreme Court Weighs The Constitutionality Of Restricting Marriage To Opposite Sex Couples, And The Impact Their Decision May...

Background - Today, the U.S. Supreme Court heard oral argument on two questions regarding the Constitutionality of state laws limiting marriage to opposite-sex couples. In 2013, the Supreme Court side-stepped the issue...more

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