Gender Discrimination Equal Employment Opportunity Commission

News & Analysis as of

Five EEOC Initiatives to Monitor on the Agency’s Silver Anniversary

The U.S. Equal Employment Opportunity Commission (“EEOC”) opened its doors on July 2, 1965, exactly one year after President Lyndon B. Johnson signed the Civil Rights Act of 1964. Title VII of that act (“Title VII”) prohibits...more

Transgender at Work: How Employers Can Stay Off the EEOC Radar Screen

It’s no secret that the EEOC—and even some courts—read Title VII to prohibit discrimination against transgender employees. A growing number of state and city laws also specifically include gender identity and/or expression as...more

OSHA Issues Guidance Regarding Transgender Employees

As transgender issues seem to dominate the headlines, another federal agency has stepped into the debate. Last week, the Occupational Health and Safety Administration (OSHA) issued guidance strongly urging employers to give...more

What You Need to Know About Accommodating Transgender Employees

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

OSHA’s New Guidance on Transgender Restroom Access: What Employers Need to Know

On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more

EEOC Roundup: April 2015

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

EEOC Sues Deluxe Financial for Sex Discrimination Against Transgender Employee

Lawsuit Challenges Discrimination Under 1964 Civil Rights Act - ST. PAUL, Minn. - Deluxe Financial Services Corp., a Shoreview, Minn.-based check-printing and financial services corporation, violated federal law by...more

Males need not apply: Restaurant chain sued for gender-specific job posting

The restaurant chain Ruby Tuesday, Inc. was hit with a discrimination lawsuit in Oregon earlier this year that claimed employees were categorically denied positions with the company based on gender. That, of course, is not a...more

Transgender Complaints on the Rise: What Should Employers Do?

The President, the EEOC and the Justice Department have announced that gender identity discrimination is prohibited sex discrimination under Title VII. Since these declarations, the number of lawsuits alleging gender identity...more

EEOC Takes On Transgender Discrimination Under Title VII

On April 21, 2014, the U.S. District Court for the Eastern District of Michigan ruled that the EEOC may proceed with sex discrimination claims on behalf of a transgender plaintiff. This litigation is one of two actions filed...more

A Title VII Transition?: Protections for Transgender Persons in the Workplace

Three years ago, the EEOC issued an opinion which held, for the first time, that discrimination against transgender persons based on gender identity is impermissible sex discrimination under Title VII of the Civil Rights Act...more

Employment Law - April 2015 #2

LinkedIn Search Doesn’t Implicate FCRA, California Court Rules - Why it matters: Granting LinkedIn’s motion to dismiss, a federal court judge in California held that LinkedIn users could not sue the site for...more

Newport News Industrial Corporation Agrees to Pay $65,000 in EEOC Retaliation Lawsuit

Company Fired Employee for Complaining About Gender Discrimination, Federal Agency Charged - WILMINGTON, N.C. - Newport News Industrial Corporation has agreed to pay $65,000 and provide substantial injunctive relief to...more

EEOC Requires Employer to Provide Restroom Access to Transgendered Employee Based on Gender Identity

Many employers and municipalities across the U.S. are considering changes to laws and rules governing access to restroom facilities by transgendered persons. Employers can struggle balancing the interests of transgendered...more

EEOC Transgender Case In Detroit Will Go Forward

As our readers know, the EEOC filed two lawsuits last fall against private employers, alleging discrimination against transgender individuals: one case against a medical practice in Florida, and the other against a funeral...more

One Of EEOC’s First Transgender Lawsuits Has Settled

The EEOC announced this week that one of the lawsuits — against Lakeland Eye Clinic of Florida — has settled. The Clinic has agreed to make two payments of $75,000 to Brandi Branson, who had been the Clinic’s Director of...more

U.S. Army Loses Battle to Regulate Bathroom Selection of Transgender (Civilian) Employee

On April 1, 2015, the EEOC ordered the Army to pay damages for discriminating against a transgender employee when it prevented her from using the common women’s bathroom and routinely demeaned her by calling her “sir” and...more

Transgender Rights in the Workplace: A Guide for Employers to Protect Against Harassment & Discrimination

Last week, President Obama signed an executive order banning discrimination against gay or transgender federal employees and contractors. On the same day, the first gender-neutral bathroom became available in the White House....more

EEOC Sues Renaissance School for Age and Sex Discrimination

School Fired Male Employee Because of His Age and Gender, Federal Agency Charges - MILWAUKEE - Renaissance School, Inc., of Racine, Wis., an owner and operator of government-funded private schools, violated federal law...more

U.S. Department of Justice Files Lawsuit Against Southeastern Oklahoma State University for Transgender Discrimination

Last week, in a rather bold move, the United States Department of Justice filed a lawsuit against Southeastern Oklahoma State University (“Southeastern”), alleging that the school discriminated against a transgender professor...more

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

Wilting Under A White-Hot Spotlight, Saks Settles Transgender Case

Saks Fifth Avenue has settled a transgender discrimination case in Texas that garnered the company much unwanted attention. ...more

OFCCP Proposes Updated Sex Discrimination Rules

The Office of Federal Contract Compliance Programs announced a proposed rule to update the agency's sex discrimination regulations. The OFCCP's existing guidelines on sex discrimination were issued in 1970 and, admittedly, do...more

Department of Justice To Assert Title VII Protects Transgender Status

In a memorandum dated December 15, 2014, the United States Attorney General has changed the Department of Justice’s (DOJ) position with respect to the protection of transgender status under Title VII. ...more

Can Saks Fifth Avenue Legally Discriminate Against Transgender Employees?

Saks Fifth Avenue’s latest fashion trend is receiving mixed reviews from critics across the nation. According to a discrimination and retaliation complaint filed in the U.S. District Court for the Southern District of...more

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