News & Analysis as of

Sexual Orientation Discrimination Gender Identity En Banc Review

TNG Consulting

11th Circuit Breaks with Other Appeals Courts, Upholds K-12 Sex-Based Bathroom Policy

TNG Consulting on

Adams v. School Board of St. John’s County, 3:17-cv-00739, 2022 WL 18003879 (11th Cir. 2022) Adams, a transgender boy, sued the board of his Florida school district (“the School Board”) after his high school prohibited...more

Bowditch & Dewey

Seventh Circuit’s En Banc Decision in Hively Opens Door For Transgender Protection Under Title VII

Bowditch & Dewey on

As we reported a few months ago in a previous article, “7th Circuit Rehears Hively Case”, the Seventh Circuit Court of Appeals agreed to rehear the case of Hively v. Ivy Tech Community College, on the issue of whether Title...more

Mintz - Employment Viewpoints

Second Circuit Orders En Banc Review of Panel Holding that Title VII Does Not Prohibit Sexual Orientation Discrimination

We previously discussed the conflict between a Second Circuit panel’s holding in April that Title VII of the 1964 Civil Rights Act did not prohibit discrimination on the basis of sexual orientation and the Seventh Circuit’s...more

Mintz - Employment Viewpoints

Second Circuit Panel: No, We Still Can’t Overturn Precedent on Sexual Orientation Discrimination

As we observed in a recent post on the Seventh Circuit’s decision in Hively v. Ivy Tech Community College extending Title VII to sexual orientation claims, the Supreme Court will probably have to resolve the disagreement...more

FordHarrison

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

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

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