Gender Identity

News & Analysis as of

President Obama Issues Executive Order Prohibiting Federal Contractors From Discriminating Based on Sexual Orientation or Gender...

On July 21, 2014, President Barack Obama issued an Executive Order prohibiting federal contractors from discriminating in employment decisions based on applicants’ or employees’ sexual orientation or gender identity. This...more

Executive Order Bars Discrimination against LGBT Workers for Federal Contractors, Government

President Obama recently signed an executive order that will prohibit federal contractors from discriminating against employees based on sexual orientation and gender identity. The executive order adds sexual orientation and...more

President Obama Signs Executive Order Prohibiting Federal Contractors from Discriminating Based on Sexual Orientation and Gender...

Frustrated with Congress's failure to pass the Employment Non-Discrimination Act (ENDA) and consistent with his recent Executive Order to raise the minimum wage to $10.10 per hour for employees of federal contractors,...more

New Employment Protections for LGBT Employees of Federal Contractors, U.S. Government

Continuing to use executive authority to act in the absence of Congressional action, President Obama signed an Executive Order on July 21, 2014 that gave new protections against discrimination to lesbian, gay, bisexual and...more

President Obama Signs Executive Order Banning LGBT Job Discrimination by Federal Contractors and Government

What the Executive Order Does - This Executive Order amends two earlier executive orders: it amends Executive Order 11246, which prohibits discrimination by federal contractors to add sexual orientation and gender...more

Federal Contractors Beware – Part 2

Federal contractors beware. More changes are coming your way. On July 21, 2014, President Obama issued an executive order prohibiting discrimination by federal contractors on the basis of gender identity and sexual...more

Executive Order Extends LGBT Protections to Federal Contractor Employees

On Monday, July 21, 2014, President Obama amended two prior executive orders to extend employment protections to lesbian, gay and/or transgender (LGBT) workers. Executive Order 11246 was first signed by President Lyndon B....more

President Obama Signs Executive Order Prohibiting Sexual Orientation and Gender Identity Discrimination

On July 21, 2014, President Obama signed an Executive Order that prohibits the federal government and private federal government contractors from discriminating against applicants and employees based on sexual orientation and...more

Obama Signs LGBT Discrimination, Affirmative Action Order

This morning President Obama signed an Executive Order amending the 1965 Executive Order 11246. President Obama’s EO prohibits discrimination and requires affirmative action by federal contractors based on sexual orientation...more

Federal Contractor Alerts

LGBT Discrimination - White House officials announced this week that President Obama intends to sign an executive order banning federal contractors from discriminating against employees based on sexual orientation or...more

Expected Executive Order Protecting LGBT Employees has Implications for Employers

The White House announced last week that President Barack Obama is preparing to issue an executive order prohibiting government contractors from discriminating against employees or job applicants on the basis of sexual...more

Who Is Houston’s New “HERO”? Houston City Council Passes Sweeping Equal Rights Ordinance

On May 28, 2014, the Houston City Council passed the controversial Houston Equal Rights Ordinance (“HERO”) by a vote of 11 to 6. HERO expands the “protected classifications” beyond those currently provided by federal or Texas...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 20: Bipartisan Gridlock Prevents Sexual...

The Employment Non-Discrimination Act (ENDA), if passed, would become the first federal legislation that prohibits employers from discriminating against individuals based on their actual or perceived sexual orientation and/or...more

Non-Binary Gender Identities in the Workplace

Gender fluid, gender variant, non-binary, agender, pangender—these are just a few examples of the more than 50 gender-identity options, beyond male and female, now available to users of Facebook. These genders do not,...more

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

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