News & Analysis as of

Gender Discrimination Title VII Gender Identity

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Sis-Bro, Inc. for Gender Identity Discrimination and Harassment

Hog Farm Owner and Employees Harassed Transgender Employee, Federal Agency Charges - CHICAGO – Sis-Bro, Inc., a hog farm in New Athens, Illinois, violated federal law when it allowed an employee to be harassed because of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Florida Workplace Bills for Employers to Watch During the 2024 Legislative Session

Florida’s 2024 regular legislative session runs from January 9 through March 8, 2024, and is one to watch for employers. Dozens of workplace bills have been filed. If passed, three sets of these bills may have a particularly...more

Akerman LLP - HR Defense

LGBTQ+ Protections, Virtual Harassment, and Social Media Posts: The EEOC Updates Its Harassment Guidance for the 21st Century

The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled “Proposed Enforcement Guidance on Harassment in the Workplace.” The proposed guidance sets...more

Seyfarth Shaw LLP

Pride Month Message From EEOC Chair Highlights Continuing Impact of the Bostock Decision

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 15, 2023, the EEOC issued a message from its Chair, Charlotte A. Burrows, for Pride Month that, among other things, highlighted the continuing impact of the Supreme Court’s seminal decision in...more

U.S. Equal Employment Opportunity Commission...

EEOC to Add Non-Binary Gender Option to Discrimination Charge Intake Process

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it will promote greater equity and inclusion for members of the LGBTQI+ community by giving individuals the option to select a...more

Franczek P.C.

Supreme Court Asked to Give Schools Much-Needed Guidance on Title IX and Transgender Rights

Franczek P.C. on

We have been speculating for quite some time now about what the U.S. Supreme Court will do with Title IX after its decision last term in Bostock v. Clayton County, Georgia. The landmark Bostock decision held that Title VII of...more

Obermayer Rebmann Maxwell & Hippel LLP

Biden Expands Protections for LGBTQ Americans

Shortly after the election, we published a blog entitled discussing then-President-Elect Joe Biden’s vow to make passage of the Equality Act (prohibiting most forms of discrimination based on sexual orientation and gender...more

Fisher Phillips

The Top 20 Non-COVID Workplace Law Stories Of 2020

Fisher Phillips on

That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

Fisher Phillips on

In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...more

Constangy, Brooks, Smith & Prophete, LLP

Illegal or ill-mannered? Title VII meets Ms. Manners

Is it discriminatory to discipline employees for wearing #BLM face masks? When does Supervisor Karen cross the line from rude into discrimination? And join us to count down the top eight things you should never, ever say in...more

Rivkin Radler LLP

Federal Court Blocks HHS Rule on Sexual Orientation

Rivkin Radler LLP on

The U.S. District Court for the Eastern District of New York has blocked the U.S. Department of Health and Human Services (HHS) from enforcing a new rule that limited sex discrimination in healthcare to discrimination based...more

Fisher Phillips

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

Fisher Phillips on

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

Fisher Phillips

An Update On Nonbinary Gender Designations In The Workplace

Fisher Phillips on

An increasing number of employees identify their gender as nonbinary. “Nonbinary” includes people who do not identify their gender within the binary of male or female. Nonbinary identification and expression may include...more

Constangy, Brooks, Smith & Prophete, LLP

Plaintiff In Landmark Title VII Transgender-Rights Case Dies

The case will go on. And we should be getting a decision from the U.S. Supreme Court very soon. Aimee Stephens, the individual plaintiff/intervenor in R.G. & G.R. Harris Funeral Homes v. EEOC, died yesterday of kidney...more

Littler

Georgia Trend: City Ordinances Require Private Employers to Expand Workplace Anti-Discrimination Protections

Littler on

Georgia law prohibits private employers from discriminating against employees on the basis of age, disability and sex (specifically compensation-based claims). There are, however, no state statutes prohibiting private...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

SCOTUS Hears Arguments on Scope Discrimination Because of Sex Under Title VII

On October 8, 2019, the Supreme Court of the United States heard oral argument on one core question: does the prohibition on discrimination “because of...sex” in Title VII of the Civil Rights Act of 1964 include...more

Parker Poe Adams & Bernstein LLP

Occasional Use of Wrong Pronouns Does Not Create Harassment Claim for Transgender Employee

Employees who transition genders may ask their employer and co-workers to begin addressing them with names and pronouns associated with that different gender. On September 17, a federal district court in Maryland (which,...more

Mintz - Employment Viewpoints

The Bubbler – We’ll Wake You Up When September Ends

We know August was exhausting for employers – New York, New Jersey, Maine, Colorado, and yes, even Alabama – all kept you on your toes with new and updated employment legislation that represents an array of new compliance...more

Littler

HHS Proposed Regulations Remove Protections from the Affordable Care Act for Transgender Patients

Littler on

On May 24, 2019, the U.S. Department of Health and Human Services (HHS) issued new proposed regulations interpreting Section 1557 of the Affordable Care Act (ACA), which contains the ACA’s anti-discrimination provisions....more

FordHarrison

Gender Identity Complexity: From the Olympics to the Workplace

FordHarrison on

Olympic runner Caster Semenya, a woman by her own identification, was born with a unique body. While outwardly female, her body produces an excess of testosterone compared with other women. Olympic authorities have at times...more

Mintz - Employment Viewpoints

Supreme Court Will Decide Whether Sex Discrimination Under Title VII Includes Sexual Orientation and Gender Identity...

On April 23, 2019, the United States Supreme Court decided that it will hear three cases in its next term, which, taken together, will test the textual boundaries of Title VII with respect to the meaning of sex...more

Littler

Supreme Court to Decide Whether Title VII's Sex Discrimination Protections Cover Sexual Orientation, Gender Identity

Littler on

The U.S. Supreme Court announced on April 22, 2019 that it will decide whether gay, lesbian, and transgender workers are expressly protected under federal civil rights law on the basis of their sexual orientation. The Court...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

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