News & Analysis as of

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

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

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

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

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

The Potential Impact Of a Trump Presidency on Employers

Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Employment Newsletter - Fall 2016

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

The EEOC’s Push to Expand Employees’ Rights Under Title VII to Include Protection from Workplace Discrimination on the Basis of...

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

Religious Institutions Update: October 2016

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

Blurred Lines: Courts Still Unclear On When Sexual Orientation Discrimination is Illegal

Since its passage in 1964, Title VII of the Civil Rights Act has prohibited discrimination in employment on the basis of race, color, religion, sex and national origin. Title VII, which applies to all employers with 15 or...more

Takeaways from the EEOC’s Loss of Noteworthy Transgender Rights Case

Since the EEOC first ruled in 2012 that discrimination based on transgender status constitutes sex discrimination in violation of Title VII, the EEOC has continued to expand protections for transgender employees, finding that...more

Is Religious Freedom a Defense to LGBT Discrimination Claims?

Certainly, the trend in employment law has been toward greater equality for lesbian, gay, bisexual and transgender (LGBT) employees. Same-sex marriage is now the law of the land due to the Supreme Court’s ruling last summer...more

Transgender Claim Meets Dress Code

The worlds of transgender versus religious rights collided hard recently when an EEOC action on behalf of a discharged transgender worker ran full force into a Religious Freedom Restoration Act (“RFRA”) defense, and the EEOC...more

Discrimination of LGBT is Sex Discrimination: EEOC Guidance Clearly Outlines the Commission’s Position

As discussions regarding the rights of lesbian, gay, bisexual and transgender (“LGBT”) employees in the workplace increase, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) offers guidance concerning...more

EEOC: Denial of Transgender Employees' Access to a Common Restroom Violates Title VII

Last week, the Equal Employment Opportunity Commission (EEOC) issued a "Fact Sheet” setting forth its position that denying an employee equal access to a common (i.e., multi-user) restroom corresponding to the employee's...more

Bathroom Bills: What Employers Need To Know

Seyfarth Synopsis: The passage of “Bathroom” or “Religious Freedom” bills raises issues for employers operating in impacted states. Employers in these states may wish to consider taking proactive and affirmative steps in the...more

Love Won't Let Me Wait (for Congress): EEOC Files “Sexual Orientation” Employment Discrimination Lawsuits Based on Title VII of...

On March 1, 2016, the U.S. Equal Employment Opportunity Commission ("EEOC") did something that many in the world of employment law have anticipated for a long time but still find remarkable: it sued two employers in federal...more

Mixed Messages on LGBT Protections

NYC Guidelines Strengthen Transgender Protections in Employment; NC Law Eliminates Local LGBT Protections Altogether.  Confused, Anyone? I don’t envy employers these days. It ain’t easy staying on top of all of the...more

EEOC Takes Sexual Orientation Discrimination to Federal Court

Employers should consider implementing anti-discrimination and anti-harassment policies in the workplace that include protections for employees based on their sexual orientation and gender identity and expression. On...more

Is Your Company Small? The EEOC Has A Little Fact Sheet That May Help.

The Equal Employment Opportunity Commission released a nice little “fact sheet” this week for small businesses, summarizing their obligations under the laws that the EEOC enforces. ...more

Looking Back, Looking Forward Part 2

Last week, we looked back at 2015 changes to FLSA and NLRB guidance on employee handbooks. This week, we’re taking a look at discrimination and leave laws....more

OSHA’s New Guidance on Transgender Restroom Access: What Employers Need to Know

On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

SuperVision Today - August 2014

In This Issue: - Recent Developments for Federal Contractors - The Fate of Obamacare Premium Tax Credits - Sexual Orientation and Gender Identity the Next Protected Class? - EEOC Ratchets Up Focus on Pregnancy...more

President Obama Issues Two Executive Orders in 10-Day Period

President Obama issued the Fair Pay and Safe Workplaces Executive Order on Wednesday, July 30 only 10 days after prohibiting federal contractors from discriminating based on sexual orientation and gender identity, in the...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 20: Bipartisan Gridlock Prevents Sexual...

The Employment Non-Discrimination Act (ENDA), if passed, would become the first federal legislation that prohibits employers from discriminating against individuals based on their actual or perceived sexual orientation and/or...more

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