Gender Identity

News & Analysis as of

Title VII at Age 50: Still Room for Creativity? Developing New Defenses and Testing New Claims

New Substantive Uses of Title VII - Sexual Orientation And Gender Identity: ..Issue: Whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. ..Statutory...more

Tempe City Council Broadens Anti-Discrimination Ordinance To Encompass Gay, Lesbian, Bisexual, And Transgendered Individuals

On February 27, 2014, by unanimous vote, the Tempe City Council approved a proposal to expand the Tempe City Code’s anti-discrimination ordinance to prohibit discrimination in housing, employment, and public accommodation on...more

Butler Snow: Workplace Vol. 2014 No. 1

Senate Bill 815, referred to as the “Employment Non-Discrimination Act of 2013” (ENDA), passed the Senate on November 7, 2013. The bill had bipartisan support with 64 Senators (10 Republican) voting in favor and 32 opposing...more

Gender Identity Legislation Introduced Again

After a 6-5 committee defeat in last year’s legislative session, Sen. Richard S. Madaleno, Jr. (D-Mont. Co.) has introduced the Fairness for All Marylanders Act of 2014 or “FAMA” (SB212) which is a reiteration of the 2013...more

How to Ensure an Inclusive Environment for Student Athletes and Issues of Sexual Identity

Recently, college sophomore Conner Mertens became the first college football player in the United States to publicly come out. Conner is the kicker on the Willamette University football team in Oregon. This unprecedented...more

Evolving Concepts of Discrimination in the Workplace

Shifts in attitudes and changing social mores impact workplace dynamics in ways that are difficult to measure. In some instances, a change in social customs gives rise to the need for new laws, regulations or policies...more

Employment Non-Discrimination Act Passes its First Test in the Senate

The U.S. Senate recently passed the Employment Non-Discrimination Act (“ENDA”) (S. 815), a bill which would prohibit employers with 15 or more employees from discriminating against individuals on the basis of their sexual...more

8 Important Things You Should Know About the Employment Non-Discrimination Act

The Employment Non-Discrimination Act (“ENDA”) is federal legislation that would prohibit employers from discriminating against potential or actual employees during hiring and employment based on their sexual orientation or...more

Legislative Update: Senate Moves To Approve The Employment Non-Discrimination Act

On November 4, the United States Senate in a 61-30 vote moved to continue debate on the passage of the Employment Non-Discrimination Act (“ENDA” or the “Act”). The ENDA seeks to ban workplace bias against individuals based on...more

Transgender Rights: A New Area of Focus for Employers

Currently, there is no explicit federal protection for sexual orientation, gender identity, or expression* but that may change soon. On November 7, 2013, the Senate passed the Employment Non-Discrimination Act of 2013 (ENDA)...more

ENDA Prevails in the Senate, but Will it End in the House?

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“ENDA”), legislation that would prohibit workplace discrimination based on sexual orientation or gender identity. The ban would join similar...more

Senate Votes to END Discrimination on the Basis of Sexual Orientation and Gender Identity

Last Thursday, November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (ENDA) by a vote of 64-32. Similar to existing federal nondiscrimination laws, ENDA would be enforced by the EEOC and would...more

Don’t Be Fooled if ENDA Doesn’t Become Law

There have been many news stories recently about the Employment NonDiscrimination Act (ENDA), which the U.S. Senate appears certain to pass this month. Commentators have different opinions about whether the House of...more

Delaware Enacts Gender Identity Nondiscrimination Act to Extend Employment Discrimination Protections Based on Gender Identity

On June 19, 2013, Delaware Governor Jack A. Markell signed into law the Gender Identity Nondiscrimination Act (the "Act"), which adds gender identity as a class protected from discrimination in employment, housing,...more

Clearing the Hurdle of Sexual Orientation and Gender Identity Discrimination in Sports

He is a latter-day Jackie Robinson — he just happens to break down social barriers without a bat and glove....more

Puerto Rico Bans Sexual Orientation and Gender Identity Discrimination in Employment

Last week, on May 29, 2013, Puerto Rico’s governor, Alejandro García Padilla, signed S.B. 238 into law enacting Act No. 22, which prohibits employment discrimination based on sexual orientation or gender identity, both in the...more

Philadelphia Increases Employment Protections for LGBT Individuals

New ordinance has a number of provisions that may impact employers doing business in the city. On May 9, Philadelphia Mayor Michael Nutter signed into law a bill that steps up the city's efforts to become what the...more

Argentina's Winds of Change May Reach Its Employment Discrimination Law

With the Catholic Cardinals’ election of their fellow Cardinal Jorge Mario Bergoglio to Pope (Francis I), a spotlight has been cast in recent days upon his native Argentina. The white smoke announcing the Cardinals’ decision...more

Phoenix Now Prohibits Employers from Discriminating on the Basis of Sexual Orientation, Gender Identity or Expression, and...

After more than five hours of heated debate and public discourse, the Phoenix City Council amended the Phoenix City Code on February 26, 2013 to ban discrimination in employment on the basis of “sexual orientation,” “gender...more

Can Being Called “Too Flamboyant” Be Basis for State Gender Discrimination Claim?

Let’s play the “law school hypothetical” game for a minute. (I know, not as exciting as a cat being chosen in Monopoly, but bear with me.)You hear the following allegations...more

The Second Obama Term: New Employment Protections for LGBT Individuals Possible

President Barack Obama's second term will likely bring new employment protections for lesbian, gay, bisexual, and transgender individuals. President Barack Obama's election in 2008 ushered in a period of increased...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - January 11, 2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - MISCELLANY - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - PRIVACY/DATA SECURITY -...more

HUD Obtains First Settlement Under Rule Requiring Sexual Orientation And Gender Identity Equal Access

On January 2, HUD announced that a lender agreed to settle a claim that it refused to provide FHA financing to a lesbian couple. HUD noted that the agreement is the first enforcement action taken under a rule finalized in...more

Ze’s Struggles as an Immigrant Detainee

Since the birth of America, our nation has been known for being a culturally diverse society that welcomes people from everywhere in the world, regardless of race, creed, and background. Given the importance that has been...more

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