News & Analysis as of

Sexual Orientation Discrimination Equal Employment Opportunity Commission Transgender

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

EEOC Determination: Denial of Transition-Related Health Care Benefits Violates Title VII Rights of Transgender Employees

by Reed Smith on

In a recent Letter of Determination, the U.S. Equal Employment Opportunity Commission (“EEOC”) found probable cause to believe an employer violated the Title VII rights of a transgender employee when it excluded coverage for...more

Is Sexual Orientation Protected Under Title VII? The DOJ Weighs In

by Littler on

Last week, on Wednesday July 26, 2017, the United States Department of Justice (DOJ) filed an amicus brief in a Second Circuit case taking the position that Title VII does not protect employees against sexual orientation...more

Best practices for employers under the EEOC’s new strategic enforcement plan

by McAfee & Taft on

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

EEOC Sues Apple Metro Restaurant Chain for Sex Discrimination & Retaliation

Employee Was Harassed at Hawthorne Applebee's Because of Her Gender Identity And Fired for Objecting, Federal Agency Charges - NEW YORK - Apple Metro, Inc., which operates several dozen Applebee's Neighborhood Bar & Grill...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

Stage is set for SCOTUS to rule on Title VII and sexual orientation

by Kirton McConkie PC on

DISCRIMINATION - Since the civil rights movement of the 1960s, state and fed­eral laws have been enacted to prohibit employment discrimi­nation against individuals on the basis of their race, ethnicity, age, disability,...more

A Dealership’s Guide To Sexual Orientation Discrimination In The Workplace

by Fisher Phillips on

Following the landmark 2015 Supreme Court decision making same-sex marriage legal across the country, federal courts have grappled with determining which types of claims are actionable under the “sex” provision of Title VII,...more

An Industry In Transition: Gender Identity Issues Impacting Healthcare

by Fisher Phillips on

Employment law has always been on the cutting edge when it comes to emerging societal issues. Like little microcosms, the workplace reflects society as a whole. The healthcare industry is no exception. All people, regardless...more

Seventh Circuit Rules Title VII Bars Sexual Orientation Discrimination, Creating Circuit Split and Setting Stage for Likely...

In a landmark en banc decision rejecting its earlier panel ruling, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that Title VII of the 1964 Civil Rights Act prohibits...more

The 7th Circuit's Landmark Anti-Gay Discrimination Ruling

by Payne & Fears on

On April 4, 2017, an en banc decision in Hively v. Ivy Tech Community College, the Seventh Circuit became the first federal Court of Appeals to hold that Title VII of the Civil Rights Act of 1964 prohibits discrimination on...more

Circuit Split on Sexual Orientation Discrimination

Earlier this week, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that workplace discrimination on the basis of sexual orientation is unlawful under Title VII of the Civil...more

Can Employers Discriminate Against Employees Based on Sexual Orientation? No, According to this Key Court

by Zuckerman Spaeder LLP on

Federal law—specifically, Title VII of the Civil Rights Act of 1964—prohibits employers from discriminating against employees based on a number of protected characteristics, including sex, race, national origin, and...more

Federal Appeals Court Rules Sexual Orientation Is Protected Class

In a significant decision that expands the rights of employees, the U.S. Court of Appeals for the Seventh Circuit ruled on April 4, 2017 that discrimination on the basis of sexual orientation is a form of sex discrimination...more

Seventh Circuit Becomes First Federal Court of Appeals to Hold That Sexual Orientation Discrimination Is Prohibited Under Title...

In an 8-3 en banc decision in Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit has held that discrimination based on sexual orientation is a form of sex discrimination under Title VII. In so holding, the...more

Landmark Appeals Court Ruling Extends Title VII Protections To LGBT Employees

by Fisher Phillips on

Groundbreaking Decision Could Lead Other Federal Courts To Follow Suit - This week, the 7th Circuit Court of Appeals became the first federal court of appeals in the nation to rule that sexual orientation claims are...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

Uncertainty Surrounding Gender Identity and Sexual Orientation Discrimination and Steps Employers Should Take

by Conn Maciel Carey LLP on

In the current legal landscape, the scope of laws prohibiting sex discrimination remains uncertain, especially because the Supreme Court has yet to take up the issue as it relates to LGBT rights. Most recently, the high...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

Trump Administration’s Position on Transgender Rights Not Likely To Impact Employers

by Dorsey & Whitney LLP on

President Trump’s administration rescinded the Obama administration’s directive that allowed transgender public school students to use the bathroom matching their gender identity and also declared that discrimination against...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

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