Gender Identity

News & Analysis as of

New EEOC and OFCCP Guidance Highlight DOL Focus on Gender Discrimination

In connection with last week's United State of Women Summit, the Office of Federal Contract Compliance Programs (OFCCP) and the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on sex...more

DOJ and DOE issue guidance on privacy rights of transgender students

On May 13, 2016, the Department of Justice and the Department of Education issued a “Dear Colleague Letter” (DCL) describing reasonable steps to protect transgender students under Title IX of the Educational Amendments of...more

No More Mad Men: The OFCCP Leaves its Bell Bottoms Behind and Moves into the 21st Century

Not since the 1970s has the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) amended its Sex Discrimination Guidelines for federal contractors. With the newly issued final rule effective...more

HHS Final Rule Finds Categorical Exclusions for Health Services Related to Gender Transition Are Generally Unlawful

The U.S. Department of Health and Human Services (HHS) recently published its Final Rule implementing Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of, among other grounds, sex in...more

OFCCP Issues Final Rule on Sex Discrimination

Last week, the Office of Federal Contract Compliance Programs issued its Final Rule on Discrimination on the Basis of Sex. The new regulations rescind the OFCCP’s prior Sex Discrimination Guidelines and give regulatory effect...more

Final Gender Discrimination Rule for Federal Contractors Issued

Federal contractor healthcare plans, leave policies, accommodation practices, gender identity protections, and other employment practices to face increased scrutiny. For the first time in more than 40 years, the US...more

Appeals Court Holds that Title IX Requires Schools to Provide Transgender Students Access to Restrooms Congruent with their Gender...

G. G. v. Gloucester County School Board, 2016 U.S. App. LEXIS 7026 (4th Cir. Va. Apr. 19, 2016). A three-judge panel of the Court of Appeals for the Fourth Circuit reverses the lower court’s dismissal of a transgender boy’s...more

OFCCP Issues Final Regulations on Sex Discrimination for Government Contractors

On June 15, 2016, the U.S. Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule detailing the obligations of federal contractors to ensure nondiscrimination on the basis of sex, and to take...more

Moving Away From The “Mad Men” Era: The OFCCP Updates Its Sex Discrimination Guidelines

For the first time since 1970, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is updating its sex discrimination guidelines for federal contractors. These updates, announced last week, will...more

Controversial Updated Sex Discrimination Guidelines for Federal Contractors

Effective August 15, 2016, the final rule of the Office of Federal Contract Compliance Programs (OFCCP) substantively updates the existing sex discrimination guidelines for the first time since their implementation in the...more

OFCCP’s New Sex Discrimination Regulations Bring Few New Requirements But Highlight Need for Contractors to Revisit Policies and...

On June 14, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) unveiled its final sex discrimination guidelines governing covered federal contractors. The OFCCP proposed changes to...more

Updating Your Employee Handbook for 2016

Employee handbooks are an important way for employers to communicate rules, expectations and benefits to employees. They also can serve as a way for the company to establish its brand and convey its history and corporate...more

OFCCP Releases Final Rule on Gender Discrimination

On June 14, 2016, the Office of Federal Contract Compliance Programs (“OFCCP”) released its updated final rule regarding sex/gender discrimination. The stated purpose of the update was to revise OFCCP’s decades old guidance...more

Blog: OFCCP Publishes Final Rule Prohibiting Numerous Forms of Sex Bias

The Office of Federal Contract Compliance Programs (“OFCCP”) has issued revisions to the long-standing sex discrimination rules for federal contractors and published the Final Rule in the Federal Register on June 15. The...more

OFCCP Issues Revised Sex Discrimination Rules

On Tuesday, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) finalized revisions to its sex discrimination rules, bringing them in line with current Title VII jurisprudence. The current rules...more

DOL Issues New Sex Discrimination Rules for Federal Contractors

For the first time in more than four decades, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has revised sex discrimination regulations for federal contractors and subcontractors....more

OFCCP Publishes Final Rule Modernizing Sex Discrimination Guidelines

For the first time in more than four decades, OFCCP revised its Sex Discrimination Guidelines prohibiting discrimination by government contractors on the basis of sex (the “final rule”). The final rule applies to employers...more

DOL Issues Updated Contractors’ Guidance Regarding Sex Discrimination

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has issued a long-awaited update to the rules that prohibit sex discrimination by federal contractors. The changes take effect on August...more

DOL Updates Federal Contractor Regulations Prohibiting Sex Discrimination for First Time Since 1970

On Tuesday, the U.S. Department of Labor announced a final rule to expand sex discrimination guidelines for federal contractors and subcontractors. The final rule updates—for the first time in over 40 years—the Office of...more

OFCCP Issues Final Rule on Sex Discrimination

On June 14, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced publication of its long-awaited final rule on sex discrimination. This rule, in the form of regulations, updates the OFCCP’s 1970 guidance...more

New Sex Discrimination Regs Published

Today the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published its final rule to update its Sex Discrimination Guidelines, expressing its intent to bring the outdated 1970 guidance in line with...more

Add Another Box: Oregon Judge Allows Citizen to Classify Gender Identity as “Non-Binary”

Judge Amy Holmes Hehn of Portland, Oregon has added yet another option in gender classification by granting Jamie Shupe’s request to switch sexes from female to non-binary. Shupe was assigned the gender of male when born, but...more

Discrimination of LGBT is Sex Discrimination: EEOC Guidance Clearly Outlines the Commission’s Position

As discussions regarding the rights of lesbian, gay, bisexual and transgender (“LGBT”) employees in the workplace increase, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) offers guidance concerning...more

Employment Law Roundup: Summary of Recent Changes Affecting New York Employers

Private employers in New York should be aware of a number of employment law changes over the past year that affect background checks (both credit and criminal history), anti-discrimination protections and reasonable...more

NYCCHR Issues Info Card Regarding Discrimination Based on Gender Identity and Expression

Seyfarth Synopsis: The New York City Commission on Human Rights has issued a Gender Identity and Expression “Info Card,” expanding on its recent enforcement guidance, and reminding covered entities that they must permit...more

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