Sexual Orientation Discrimination

News & Analysis as of

With Supreme Court Review Looming, Feds Issue Immediate Withdrawal of Previous Title IX Guidance

Following the recent confirmations of Secretary of Education Elizabeth Devos and Attorney General Jeff Sessions, the new Trump administration has moved quickly to withdraw prior guidance concerning discrimination of...more

LGBT Rights Up in the Air

Changes that may impact LGBT rights in the workplace have employers spinning. This week’s news about the Trump administration’s rescission of federal guidance allowing transgender students to use bathrooms corresponding to...more

Administration Withdraws Transgender Guidance While Considering Legal Issues

The U.S. Department of Justice (DOJ) and Department of Education (DOE) jointly issued a statement rescinding the guidance on transgender students’ rights under Title IX issued to school districts nationwide in May. The prior...more

What Can Employers Expect from the Trump Administration in the Upcoming Year?

It has been a little less than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect both businesses and employees. President Trump...more

Trump Administration Withdraws Motion Seeking to Limit Court's Stay of Obama's Transgender Bathroom Guidance in Public Schools

There has been much speculation about the Trump administration’s position with respect to LGBTQ rights. We may now have our first glimpse. Just days after Jeff Sessions was confirmed as Attorney General, the government has...more

Trump DOJ Drops Obama Administration’s Transgender Bathroom Fight

Last week, the Justice Department withdrew the pending legal challenge that had sought to reverse the federal court decision blocking the implementation of the Obama administration’s transgender bathroom policy for public...more

DeVos Confirmed, Oral Arguments Set in Gloucester County, and Congress Introduces Education Legislation

Last week, the United States Senate voted to confirm Betsy DeVos as Secretary of Education. DeVos’ confirmation hearings were contentious, as telephone switchboards in Congress were flooded with constituent calls opposing her...more

New Administration Signals Change on Support of Transgender Guidance

On Friday, the Trump administration signaled that it will not defend the guidance given by the U.S. Department of Justice (DOJ) and Department of Education (DOE) last May on transgender students’ rights under Title IX of the...more

Is Same-Sex Discrimination Considered “Sex Discrimination” Under Title VII? 

The Supreme Court made clear in 2015 that same-sex marriage is legal across the nation. However, two years later, we still are not clear whether a person’s sexual orientation is protected under Title VII’s “sex...more

Is discrimination in respect of same-sex marriage ever permissible?

In Reverend Canon Pemberton v. Former Acting Bishop of Southwell and Nottingham, Canon Pemberton, a Church of England priest, entered into a same-sex marriage. The Church of England opposed the Marriage (Same Sex...more

Review of UK Employment Law: Key Issues to Monitor in 2017

In a year dominated by the Brexit vote in June, 2016 also saw a number of developments that will have a significant impact on UK employment law. This alert provides a brief summary of those developments and looks at what...more

Developments in Title VII and Sexual Orientation Discrimination

Many state anti-discrimination laws, such as those in Maine, Massachusetts and New Hampshire, specifically prohibit employers from discriminating against individuals on the basis of sexual orientation. To the surprise of many...more

Unclear crystal ball: What might 2017 hold for employers?

In 2016, employers were confronted with many new laws, regulations, and issues. Companies geared up for a substantial change in the overtime rule, which ultimately didn’t take effect after a federal judge in Texas issued an...more

President Announces Continuation of E.O. 13672 Protections for Government Contractors

Seyfarth Synopsis: On January 31, 2017, the White House announced that it will continue to enforce the workplace protections for sexual orientation and gender identity put in place under Executive Order 13672. On...more

U.S. Supreme Court to consider transgender restroom lawsuit

Society’s view of gender has evolved significantly since then. The rigid dichotomy of a two-gender world view is frequently challenged and, in some cases, rejected outright. As society’s views on gender morph, the law is...more

Don’t Go Changing: White House Keeping Obama LGBTQ Order in Place

Over the weekend several media outlets reported that a draft executive order was being circulated that overturned President Obama’s 2014 directive prohibiting federal employers and contractors from discriminating on the basis...more

Trump Administration Will Retain LGBT Protections for Government Contractor Employees

Although the first eleven days of the Trump Administration have been full of activity and controversy, federal government contractors have been waiting to see if President Trump will undo or modify the compliance obligations...more

Title VII and Sexual Orientation – Front and Center at the Second Circuit on Inauguration Day

As President-Elect Donald Trump moved into the White House on Inauguration Day last Friday, the excitement and political tensions were not confined to the nation’s capital. LGBTQ rights supporters decorated with rainbow ties...more

Victoria Lipnic named as acting chair of EEOC

Law360 reported yesterday that Victoria Lipnic, who has served as one of the two Republican Commissioners of the Equal Employment Opportunity Commission during the Obama Administration, has been appointed by President Trump...more

“5th & Wine” Bar Sued By EEOC For Sex-Based Harassment and Retaliation

Scottsdale Wine Café Abused Employees Based on Their Actual and Perceived Sexual Orientation, Federal Agency Charges - PHOENIX - Scottsdale Wine Café, LLC (5th & Wine), a Scottsdale wine bar and restaurant, violated...more

Employment Law Navigator – Week in Review: January 2017 #4

Last week, the Second Circuit Court of Appeals was asked to overturn its own precedent in a case involving discrimination on the basis of sexual orientation. The case was brought by an advertising executive who alleged that...more

Another Great Unknown: the Future of LGBT Protections Under President Trump

During the first few weeks (or even months) in office, President Trump will have a lot of key issues (e.g., healthcare and immigration) on his agenda. What we do not know is whether President Trump and his administration will...more

The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more

Employment law changes will be coming with the Trump Administration: What should employers expect?

Today is Inauguration Day, and it is safe to assume that significant policy and enforcement changes will be made during the presidency of Donald J. Trump. Those changes will include new judges on the federal courts, new...more

Texas Court Enjoins Enforcement of Regulation that Would Forbid Discrimination in Healthcare on the Basis of Gender Identity and...

As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in...more

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