News & Analysis as of

Hostile Environment Transgender

Ogletree, Deakins, Nash, Smoak & Stewart,...

Different School of Thought, Part IV: Partial Stays of Injunctions Against Enforcement of New Title IX Regs Requested From Supreme...

On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the...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

Bricker Graydon LLP on

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...

T.C. Wheelers to Pay $25,000 to Settle EEOC Sex Harassment Lawsuit

Federal Agency Charged That a Transgender Cook at Tonawanda Pizzeria Was Subjected to a Hostile Work Environment Based on Gender Identity - BUFFALO, N.Y. – T.C. Wheelers, Inc., a restaurant that operates as T.C. Wheelers...more

BCLP

UK HR Two Minute Monthly: September 2023

BCLP on

Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more

Fisher Phillips

Understanding Transgender Workers’ Rights: A Legal Update and 3 Best Practices for Employers to Create an Inclusive Environment

Fisher Phillips on

Employers should review their diversity, equity, and inclusion (DEI) and anti-discrimination policies as federal and state laws protecting transgender workers continue to take shape. Earlier this month, the Equal Employment...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues T.C. Wheelers for Harassing and Driving Out Transgender Employee

Transgender Male Cook at Tonawanda Pizzeria Subjected to a Hostile Work Environment Based on Gender Identity, Federal Agency Charges - BUFFALO, N.Y. – T C Wheelers, Inc., which operates T.C. Wheelers Bar & Pizzeria in...more

Amundsen Davis LLC

Texas Judge Blocks EEOC’s Transgender Guidance in Latest Battle in the Restrooms War

Amundsen Davis LLC on

As we discussed in our previous blog post, in 2021 the EEOC issued a technical assistance guidance addressing employers’ obligations under Bostock v. Clayton County, the U.S. Supreme Court’s 2020 landmark decision holding...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

Holland & Knight LLP

Religious Institutions Update: October 2021

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Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Guidance on Gender Identity Discrimination

By virtue of the U.S. Supreme Court’s 2020 opinion in Bostock v. Clayton County, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation or transgender status. On June 15,...more

Fisher Phillips

Disciplining Faculty in a Public Higher Education Setting: Growing Number of Jurisdictions Recognize “Academic Exception”

Fisher Phillips on

Can a public university discipline a professor for refusing to address a student by the student’s preferred pronoun? If so, can the professor defend his conduct by alleging his religious beliefs prohibit him from recognizing...more

Sherman & Howard L.L.C.

Transgender Employee Advances Title VII Claims Based On Sex, Gender Identity, And Gender Expression

A former employee who transitioned to female during her employment brought claims of hostile work environment, discriminatory termination, and retaliation under Title VII. The complaint alleged multiple instances of coworkers...more

McAfee & Taft

Transgender harassment lawsuit goes forward

McAfee & Taft on

Courts around the country are split on the question of whether Title VII of the Civil Rights Act protects individuals against discrimination based on sexual orientation. A recent Arizona federal court recognized the ability...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

Dorsey & Whitney LLP

It May Be A New World For Sexual Harassment, But Many Old Rules Still Apply

Dorsey & Whitney LLP on

In the weeks since allegations began to surface regarding the sexually predatory behavior of movie mogul Harvey Weinstein, sexual harassment allegations (sometimes admitted and sometimes disputed) against powerful, prominent...more

Seyfarth Shaw LLP

TITLE VII: Court Breaks from Department of Justice on Transgender Rights

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western...more

Bowditch & Dewey

Eleventh Circuit Court of Appeals Decision Lends Further Confusion to Title VII Protections

Bowditch & Dewey on

In a rather disconnected decision on March 10, the United States Court of Appeals for the 11th Circuit ruled, in the case of Evans v. Georgia Regional Hospital, that while Title VII bars an employer from discriminating...more

Seyfarth Shaw LLP

Courts Say Title VII Forbids Employment Discrimination Based on Sexual Orientation and Gender Identity

Seyfarth Shaw LLP on

Seyfarth Synopsis: Increasingly, courts have held that discrimination on the basis of sexual orientation and gender identity violates Title VII. Federal district courts in Nevada and Pennsylvania have recently joined their...more

Franczek P.C.

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

Franczek P.C. on

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation....more

McNees Wallace & Nurick LLC

Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

The Equal Employment Opportunity Commission (‘EEOC”) has been aggressively advancing its position that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation even though sexual...more

Manatt, Phelps & Phillips, LLP

Employment Law - January 2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

JAMS

Employment Matters Newsletter, Fall 2015

JAMS on

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These...more

Poyner Spruill LLP

Transgender Issues in the Workplace

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Since 2012, the U.S. Equal Employment Opportunity Commission (EEOC) has taken the position that transgender individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). The EEOC...more

Troutman Pepper

OSHA Joins the Growing Support for Transgender Rights in the Workplace

Troutman Pepper on

With the increased government scrutiny of transgender issues in the workplace, employers should be careful not to discriminate against transgender employees and to treat them in accordance with their gender identities. ...more

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