Gender Identity

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Blog: OFCCP Provides List of Resources for Contractors Relating to LGBT Workers

The Office of Federal Contract Compliance Programs (“OFCCP”) recently published a list of resources to assist federal contractors in better understanding how to create an inclusive workplace for lesbian, gay, bisexual, or...more

OFCCP Provides Directory of LGBT Resources for Federal Contractors

As discussed in our previous post, on July 21, 2014, President Obama signed Executive Order 13672, banning federal contractors from discriminating against lesbian, gay, bisexual, and transgender (“LGBT”) workers, and adding...more

OFCCP’s Proposed Sex Bias Rules Continue Agency’s Focus on Compensation, Gender Identity, and Pregnancy Accommodation

On January 28, 2015, the Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) to replace the current sex discrimination guidelines. This updated rule is intended to reflect...more

Avoid Being the Test Case for Gender Identity Discrimination

A former sales associate at Saks Fifth Avenue’s Houston, Texas store recently filed suit in federal court claiming discrimination based on her gender identity. Leyth Jamal is a transgender individual who identifies as a...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

EEOC Files Landmark Suits Challenging Transgender Discrimination Under Title VII

For years, it has been widely understood that federal law prohibits employers from making decisions on the basis of certain protected characteristics, such as race, religion, or sex. Historically, the inclusion of “sex” in...more

Department of Justice Switches Sides: Title VII Now Prohibits Transgender Discrimination

On December 18, 2014, Attorney General Eric Holder, in an unanticipated move, revised the Department of Justice’s (“DOJ”) interpretation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”),...more

DOJ Says Gender Identity Discrimination Violates Title VII

Over the past several months, EmployNews reported a growing trend of claims alleging that discrimination on the basis of sexual orientation and transgendered status violates Title VII if the alleged conduct involves gender...more

OFCCP Issues Final Rule Protecting Workers From Discrimination Based on Sexual Orientation and Gender Identity

In early December, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) announced the issuance of its final rule implementing Executive Order 13672, which amends Executive Order 11246 by...more

DOJ Says Title VII's Sex Discrimination Prohibition Includes Gender Identity

U.S. Attorney General Eric Holder has announced that the Department of Justice (DOJ) now takes the position that Title VII's prohibition against sex discrimination includes discrimination based on gender identity, including...more

Department of Justice to Include Gender Identity Under Discrimination Protection

In a memo released by the Department of Justice yesterday, Attorney General Holder directed government attorneys to no longer exclude gender identity, including transgender issues, from Title VII’s protection against sex...more

OFCCP Seeks Comments on Final Rule Prohibiting LGBT Discrimination

On December 3, 2014, the Office of Federal Contract Compliance Programs (OFCCP) announced its Final Rule implementing Executive Order (EO) 13672 prohibiting federal government contractors and subcontractors from...more

Another Day, Another Rule for Federal Contractors

As we previously noted, federal contractors have been besieged in recent months with regulatory changes and enforcement initiatives advanced by the Office of Federal Contract Compliance Programs (“OFCCP”) and various...more

OFCCP Releases Final Rule on LGBT Non-Discrimination

The Office of Federal Contract Compliance Programs announced yesterday that it is issuing a Final Rule implementing President Obama's Executive Order that prohibits federal contractors from discriminating on the bases of...more

DOL Issues Final Rule Implementing Executive Order 13672’s Prohibition on Discrimination Based on Sexual Orientation and Gender...

Yesterday, the Department of Labor announced a Final Rule prohibiting discrimination based on sexual orientation and gender identity by federal contractors and subcontractors. The Rule, which implements Executive Order 13672...more

Miami-Dade County Expands its Human Rights Law to Ban Discrimination on the Basis of Gender Identity and Gender Expression

On December 2, 2014, Miami-Dade County Commission amended the County’s Human Rights Ordinance (Chapter 11A of the Code of Ordinances of Miami Dade County, Florida) to prohibit discrimination based on gender identity and...more

New Jersey Division on Civil Rights Issues Amended Regulations on Employment Advertising

On June 23, 2014, the New Jersey Division on Civil Rights (DCR) issued amended regulations concerning employment advertisements. First, the prohibition on employment advertisements containing a preference for—or...more

Springfield Employers Take Note: City Council Adds Sexual Orientation and Gender Identity to List of Protected Classes

On October 13, the Springfield, Missouri City Council, on a vote of 6-3, approved a bill expanding the city’s non-discrimination ordinance to include sexual orientation and gender identity as protected classes. Council...more

New Executive Orders and OFCCP Rules for Federal Contractors

On July 21, President Obama issued Executive Order 11478, in relevant part, to prohibit federal contractors and subcontractors (government contractors) from discriminating against their employees based on their sexual...more

EEOC Sues Two Employers for Terminating Transgendered Employees

Last week, the Equal Employment Opportunity Commission filed two potentially landmark lawsuits against employers accused of terminating employees undergoing gender reassignment procedures. The EEOC alleges that the...more

EEOC Trying to Change the “Status” for Transgendered Employees

On September 25, 2014, the EEOC filed lawsuits in Florida and Michigan accusing employers of discriminating against transgendered employees. These are the first two cases ever filed seeking to protect transgender workers...more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

EEOC Sues Lakeland Eye Clinic for Sex Discrimination Against Transgender Employee

Lawsuit Is One of Two the Agency Filed Today - the First Suits in Its History - Challenging Transgender Discrimination Under 1964 Civil Rights Act - TAMPA, Fla. - Lakeland Eye Clinic, a Lakeland, Fla.-based...more

Yes, employers, you can win a transgender discrimination suit

A recent decision from a federal court in Georgia provides an excellent illustration about how employers can win summary judgment (dismissal before a jury trial) even in cases as sensitive as those alleging discrimination...more

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