News & Analysis as of

Gender Discrimination Hiring & Firing Transgender

Constangy, Brooks, Smith & Prophete, LLP

Reverse gender identity discrimination? Yes, it's a thing.

What's good for the goose . . . A person who is discriminated against for not being transgender can have a valid claim under Title VII for “sex” (really, gender identity) discrimination. In McCreary v. Adult World, Inc., a...more

Littler

British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based on Their Gender Identity...

Littler on

In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server’s pronouns, among...more

Sands Anderson PC

EEOC Issues New Guidance on Workplace Transgender Policies

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The Equal Employment Opportunity Commission (EEOC) recently issued new Guidance directed to employers addressing restroom policies and the use of employee preferred pronouns. Although this technical assistance guidance does...more

Fisher Phillips

Court Ruling Points to Expanded LGBT Anti-Discrimination Protections in China

Fisher Phillips on

In a landmark ruling, a Beijing court ruled in favor of a transgender employee against her employer, a Chinese e-commerce company, interpreting China’s anti-discrimination laws to include protection based on sexual...more

Fisher Phillips

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

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You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

Hogan Lovells

New York State Statute Now Protects Gender Identity in the Workplace

Hogan Lovells on

Employers in New York should ensure that their policies and practices are compliant with changes to New York law that are set to take effect soon....more

Hogan Lovells

What New York Employers Should Know Regarding the Rights of Transgender Employees

Hogan Lovells on

About 1.4 million Americans recognize themselves – surgically or otherwise – as a gender other than the one they were born into....more

Akerman LLP - HR Defense

DOJ Contradicts EEOC over Title VII’s Applicability to Transgender Employees

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The Department of Justice is now squarely at odds with the Equal Employment Opportunities Commission over whether Title VII’s prohibition on sex discrimination also applies to discrimination against transgender employees. ...more

McNees Wallace & Nurick LLC

Recent Guidance Interprets Pennsylvania Human Relations Act to Protect LGBTQ Community

Perhaps the most significant EEO issue percolating through the federal court system right now is whether Title VII’s prohibition against sex discrimination encompasses discrimination on the basis of sexual orientation and...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Pierce Atwood LLP

New Hampshire Passes Gender Identity Law

Pierce Atwood LLP on

On June 8, 2018, New Hampshire Governor Chris Sununu signed, “An Act Prohibiting Discrimination Based on Gender Identity,” which adds gender identity as a protected characteristic to state anti-discrimination laws. ...more

Troutman Pepper

Second Circuit Reverses Course and Rules That Title VII Prohibits Sexual Orientation Discrimination

Troutman Pepper on

In an en banc decision, the U.S. Court of Appeals for the Second Circuit decided on February 26 that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination on the basis of sexual orientation. Zarda v....more

Miles & Stockbridge P.C.

Sixth Circuit Extends Title VII Protection to Gender Identity Discrimination, Joining Second and Seventh Circuits

Last month, with its decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., 884 F.3d 560 (6th Cir. 2018) the Sixth Circuit broadened Title VII protection to include protection for individuals who are transgender or...more

Akerman LLP - HR Defense

Transgender Rights Trump Religious Rights in Sixth Circuit Case

Title VII’s protections against sex discrimination extend to transgender workers, even in the face of a challenge based on the employer’s religious rights, a federal appellate court has held....more

Butler Snow LLP

Two Federal Courts Of Appeal Find That Title VII Prohibits Workplace Discrimination On The Basis Of Sexual Orientation And...

Butler Snow LLP on

Back in April 2017, the federal 7th Circuit Court of Appeals (governing Illinois, Indiana, and Wisconsin) made big news when it determined that Title VII of the Civil Rights Act of 1964 prevents employers from discriminating...more

FordHarrison

Sixth Circuit Holds Transgender Status Is Protected by Title VII and Rejects Religious Freedom Restoration Act Defense

FordHarrison on

The Sixth Circuit Court of Appeals is the latest to weigh in on the heated debate as to whether sexual orientation, gender identity, transgender status and/or gender expression are protected classes under Title VII of the...more

Mintz - Employment Viewpoints

Sixth Circuit Delivers One-Two Punch Knocking Out Transgender Discrimination

The U.S. Court of Appeals for the Sixth Circuit ruled on March 7 that employer R.G. & G.R. Harris Funeral Homes unlawfully discriminated on the basis of sex when it fired a transgender employee after she informed the company...more

Littler

Federal Appeals Court Finds Title VII Precludes Discrimination Based On Transgender Status

Littler on

The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in...more

McNees Wallace & Nurick LLC

Sixth Circuit Rules Discrimination Against Transgender Employees Violates Title VII

The Sixth Circuit Court of Appeals has held that discrimination against transgender/LBGTQ employees is discrimination on the basis of sex that violates Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity...more

Bricker Graydon LLP

Transgender and transitioning employees protected from discrimination in Ohio

Bricker Graydon LLP on

Last week, the Sixth Circuit (which covers Kentucky, Michigan, Ohio and Tennessee) held that Title VII provides transgender and transitioning employees with protection from employment-related discrimination....more

Patterson Belknap Webb & Tyler LLP

Second Circuit Breaks Ground: Sexual Orientation Discrimination Federally Protected

On February 26, 2018, the Second Circuit ruled for the first time that discrimination based on sexual orientation is unlawful under Title VII of the Civil Rights Act of 1964. The question at issue in Zarda v. Altitude...more

Stinson LLP

Second Circuit Joins Seventh in Expanding Gender Discrimination Definition

Stinson LLP on

On February 26, 2018, the U.S. Court of Appeals for the Second Circuit issued an en-banc opinion holding that an employment action based on sexual orientation is discrimination based on sex....more

Troutman Pepper

Circuit Split on Sexual Orientation Discrimination Continues With New Second Circuit Opinion

Troutman Pepper on

On February 26, the U.S. Court of Appeals for the Second Circuit joined the Seventh Circuit in holding that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964 (Title VII). Zarda v....more

Akerman LLP - HR Defense

Another Circuit Says Title VII Prohibits Sexual Orientation Discrimination

A second federal appellate court has ruled that Title VII of the Civil Rights Act prohibits employers from discriminating against employees based on their sexual orientation. The ruling is in line with the EEOC’s...more

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