News & Analysis as of

Sexual Orientation Discrimination Equal Employment Opportunity Commission Gender Discrimination

U.S. Department of Justice Rescinds Policy Protecting Transgender Employees

by Franczek Radelet P.C. on

On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant...more

Ongoing Debate Over Scope Of Workplace Bias Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 5, 2017, U.S. Attorney General Jeff Sessions issued an agency memorandum stating that the language contained in Title VII of the Civil Rights Act of 1964, “does not prohibit discrimination based...more

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

Gender Identity Discrimination – Prohibited or Not?

by Akerman LLP - HR Defense on

Still confused as to where the Trump administration stands on whether Title VII prohibits discrimination based on gender identity? Attorney General Jeff Sessions’ recent announcement should clarify that for you. So what’s an...more

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

by Franczek Radelet P.C. on

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

What to Do with the Federal Government's Internally Inconsistent Interpretations of Title VII

Less than two and a half years ago, the federal government and courts generally agreed that Title VII did not prohibit discrimination on the basis of sexual orientation. But that consensus is no longer; within the last six...more

Employment Law Navigator – Week in Review: May 2017 #5

by Zelle LLP on

Last week, all the judges on the U.S. Court of Appeals for the Second Circuit agreed to review a suit that raises claims of sexual orientation discrimination under Title VII. The case involves a New York skydiving instructor...more

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

by FordHarrison on

As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more

Second Circuit Addresses Title VII Sexual Orientation Claims And Leaves Door Ajar For Sex Stereotyping Claims

In a three-member panel decision in Christiansen v. Omnicom Group, Inc., the Second Circuit revived a homosexual employee’s claims under Title VII on the theory of sex discrimination based on sex stereotyping, but stopped...more

So – Are LGBTQ Rights Protected under Federal Employment Law or Not?

by Foley & Lardner LLP on

The most accurate answer to this question is, “it depends.” On March 10, 2017, the Eleventh Circuit Court of Appeals (covering Alabama, Georgia, and Florida) weighed in on LGBTQ protections – but the decision is not as...more

Shifting sands: the changing landscape of transgender discrimination

by Kirton McConkie PC on

Laws related to transgender discrimination are in a state of rapid flux. In the past couple of years, courts’ views on the law, particularly federal ones, have swung back and forth like a pendulum. Indeed, the interpretation...more

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

by 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

Dear Littler: How Should I Handle Customer Concerns about a Transgender Employee?

by Littler on

Dear Littler: We have a transgender employee at work, Sarah, who identifies and presents as a female. She is in the process of transitioning and still occasionally exhibits traditionally “male” physical attributes. A client...more

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

LGBT Rights Up in the Air

by Akerman LLP - HR Defense on

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

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

by FordHarrison on

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

U.S. Supreme Court to consider transgender restroom lawsuit

by Kirton McConkie PC on

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

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

by Hirschfeld Kraemer LLP on

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

What Can the Business Community Expect from a Trump Administration

by Rumberger Kirk & Caldwell on

As Donald Trump’s administration takes shape, the business community stands watch expecting a business-friendly White House. Trump’s promises of fewer regulations and lower taxes have small and large businesses alike feeling...more

Transparency in Terminology and Treating Transgender Employees Fairly

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With increased attention placed on transgender rights in recent years, employers should pay close attention to transgender discrimination and related issues in the workplace. This post offers some tips for...more

Seventh Circuit Indicates It May Conclude that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

by FordHarrison on

Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more

Employment Law Navigator – Week in Review: December 2016

by Zelle LLP on

Last week was a big one for wage and hour law. The Department of Labor filed a notice of its intent to appeal the injunction stopping enforcement of its new FLSA overtime rule and asked the Fifth Circuit to expedite the...more

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

by Franczek Radelet 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

Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

by McNees Wallace & Nurick LLC on

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

Employment Newsletter - Fall 2016

by Reminger Co., LPA on

Over the last five years, members of the LGBTQ community have had much to celebrate as traditional barriers to equality have been knocked down one-by- one by the federal government. In 2010, the Patient Protection and...more

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