News & Analysis as of

Harassment Transgender

Fox Rothschild LLP

New Title IX Regs on Hold in Some States: How Colleges and Universities Can Still Prepare for August 1 Effective Date

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Federal court injunctions, upheld by two appellate courts, mean the new regulations will take effect only in a patchwork of states. But with an effective date looming, all universities must be prepared to implement a series...more

Jackson Lewis P.C.

EEOC Enforcement Guidance on Workplace Harassment: Covered Bases and Causation

Jackson Lewis P.C. on

The Equal Employment Opportunity Commission (EEOC) issued its first updated enforcement guidance on workplace harassment in 25 years on April 29, 2024. The guidance reflects a number of new developments concerning workplace...more

Jackson Lewis P.C.

Gender Identity Protections: Transgender Harassment, Reverse Discrimination Cases Allowed by Courts

Jackson Lewis P.C. on

Two cases show that courts consider alleged harassment or discrimination based on transgender or cisgender status to be colorable under Title VII of the Civil Rights Act. Vacating summary judgment for the employer, a federal...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Bricker Graydon LLP

EEOC Updates Its Guidance on Workplace Harassment

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The Equal Employment Opportunity Commission (EEOC) hopped on the bandwagon of employment law updates this week by updating its guidance to prevent workplace harassment. This guidance focuses on protecting covered employees...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

Mintz - Employment Viewpoints

What Employers Need to Know About the EEOC’s Proposed Guidance On Workplace Harassment

The Equal Employment Opportunity Commission ("EEOC") released its Proposed Enforcement Guidance on Harassment in the Workplace. In light of recent legal developments, such as the Bostock v. Clayton County decision, which...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

BCLP

UK HR Two-Minute Monthly: August 2023

BCLP on

Our August update includes cases on the (discriminatory) harassment of a gender critical employee, a case in which a dismissing officer was not present at a dismissal meeting, and a case where a tribunal reached the unusual...more

BCLP

UK HR Two-Minute Monthly: July 2023

BCLP on

Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more

Butler Snow LLP

Fourth Circuit Rules that Gender Dysphoria is Covered by the Americans with Disabilities Act

Butler Snow LLP on

The United States Court of Appeals for the Fourth Circuit became the first federal appellate court to find that the Americans with Disabilities Act (“ADA”) provides coverage to individuals diagnosed with gender dysphoria. ...more

Jackson Lewis P.C.

Gender Dysphoria is Not Excluded from Coverage under ADA, Fourth Circuit Rules

Jackson Lewis P.C. on

Gender dysphoria is not excluded from the broad definition of “disability” protected under the Americans with Disabilities Act (ADA), a divided panel of the U.S. Court of Appeals for the Fourth Circuit has held....more

TNG Consulting

Judge Permits Title VII Lawsuit Against K-12 School District for Harassment of Transgender Teacher

TNG Consulting on

Jennifer Eller, a transgender teacher in the Prince George’s County Public Schools (PGCPS), sued the system for violations of the 14th Amendment, Title VII, Title IX, and the Maryland Fair Employment Practices Act. Eller...more

Jackson Lewis P.C.

Transgender Discrimination Claims Continue to Evolve; Employers’ Should Take Note.

Jackson Lewis P.C. on

On October 23, 2021, the Northern District of Illinois partially denied a motion to dismiss a transgender female police officer’s lawsuit, filed under federal civil rights law 42 U.S.C. § 1983 and 740 ILCS 23/5(a) of the...more

Parker Poe Adams & Bernstein LLP

Failure to Identify Harasser Did Not Make Employer's Response Unreasonable

Under Title VII, employers are liable to an employee for incidents of co-worker harassment when they knew or should have known that the conduct was occurring, yet failed to take reasonable measures to end it. Last week, the...more

Morgan Lewis

UK Employment Appeal Tribunal: ‘Gender-critical’ Beliefs Are Protected Philosophical Beliefs

Morgan Lewis on

The UK’s Employment Appeal Tribunal (EAT) found on 10 June 2021 in Maya Forstater v CGD Europe and others that gender-critical beliefs—including believing that one’s biological sex is immutable and not to be conflated with...more

Proskauer - Proskauer For Good

Advocating for Transgender, Intersex, and Gender Nonconforming People’s Equal Access to Homeless Shelters

Nearly one-third of transgender individuals experience homelessness at some point in their life, and 70% of those who have stayed in a homeless shelter have reported some form of mistreatment, including harassment and refusal...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

Harris Beach PLLC

Exploring the Origins of Pride Month and Taking Stock of LGBTQ+ Rights

Harris Beach PLLC on

Across the country each June, communities come together to celebrate Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. This month of events honors the 1969 Stonewall Uprising in Manhattan while also...more

Jackson Lewis P.C.

March 31 is International Transgender Day Of Visibility

Jackson Lewis P.C. on

Gender identity, transgender status, gender non-conformance, and workplace gender transitions are timely topics, both societally and within workplaces. March 31 is International Transgender Day of Visibility, which aims to...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

Pullman & Comley - Labor, Employment and...

Changes to New York State’s Sexual Harassment Laws: What Employers Need to Know

New York employers are subject to several new laws enacted this year aimed at combating sexual harassment in the workplace. In New York, sexual harassment includes harassment not only on the basis of sex, but also on the...more

Fisher Phillips

10-Step Plan To Ensure Bullying Doesn’t Cost You

Fisher Phillips on

For the first time, a court used a civil rights law to hold a school district financially accountable in a case of student bullying. In the recent case of Cohen v. Philadelphia School District, the court awarded $500,000 to a...more

Littler

Annual Report on EEOC Developments — Fiscal Year 2017

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more

U.S. Equal Employment Opportunity Commission...

Bojangles’ To Pay $15,000 To Settle EEOC Sexual Harassment and Retaliation Lawsuit

Transgender Employee Subjected to Gender Identity Harassment Then Fired for Reporting, Federal Agency Charged - RALEIGH, N.C. - Bojangles' Restaurants Inc., a North Carolina corporation operating a chain of fast food...more

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