News & Analysis as of

Sexual Orientation 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

California Governor Approves Three More Employment Laws: “Ban The Box”; Expansion of Sexual Harassment Training; and Contractors...

The deadline for California Governor Jerry Brown to sign new bills into law officially expired October 15, 2017. In addition to signing five bills last week, the Governor signed three more employment-related bills into law...more

With Governor Brown’s Signature, California Employers Face a Gauntlet of New Laws

by Littler on

The October 15, 2017 deadline has come and gone for Governor Jerry Brown to weigh the bills passed by the California legislature this year. Governor Brown has now signed into law a jaw-dropping number of bills that pertain to...more

2017 Labor & Employment Legislative Update: It’s Finally Over! (For Now…)

by Seyfarth Shaw LLP on

Seyfarth Synopsis: New statutory obligations for California employers in 2018 will include prohibitions on inquiries into applicants’ salary and conviction histories, expanding CFRA to employees of smaller employers,...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

DOJ Reverses Course—Title VII Does Not Cover Gender Identity

by Blank Rome LLP on

On October 5, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s (“DOJ”) stance that gender identity is protected as part of the prohibition against “sex” discrimination in Title VII of the Civil Rights...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

Is Gender Identity a Protected Class?

by LeClairRyan on

The Obama era Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) would have said, “YES.” Recently, the Trump Administration’s DOJ answered that question with a “NO,” reversing the federal...more

Federal Court Rules that Section 1557 of Affordable Care Act Prohibits Gender-identity Discrimination in Healthcare

by Arnall Golden Gregory LLP on

In a momentous decision that will certainly garner national attention and be subject to appeal, a district court for the Southern District of California has ruled that Section 1557 of the Affordable Care Act prohibits...more

DOJ Says Title VII Does Not Protect Transgender People

Last week, Attorney General Jeff Sessions issued a memorandum to U.S. Attorneys announcing that the Department of Justice has reversed its position on the coverage of transgender people as protected under Title VII of the...more

What Does Attorney General’s Memo on Transgender Rights Mean for Employers?

LGBTQ workplace rights is perhaps the most rapidly evolving area in employment law. On October 4, 2017, United States Attorney General Jeff Sessions formally weighed in on the topic. He issued a memorandum to all federal...more

Upcoming SCOTUS Term Promises To Be A Blockbuster

by Fisher Phillips on

If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more

EEOC Sues for Transgender Discrimination

by Ruder Ware on

Recent action by the Equal Employment Opportunity Commission has raised the specter of whether transgender persons are considered protected under the federal discrimination laws. The EEOC has sued a company in Denver that...more

Sessions Changes DOJ Course on Title VII Enforcement for Transgender Issues

U.S. Attorney General Jeff Sessions issued a memo to all U.S. Attorneys revising how the Department of Justice will address gender identity claims under Title VII. In 2014, the Obama Administration DOJ stated that gender...more

Does Title VII Prohibit Employment Discrimination Against Gay and Transgender Persons? Jeff Sessions Says No, but the Supreme...

by Hirschfeld Kraemer LLP on

On October 4th, in a memo to all U.S. Attorneys and heads and federal agencies, Attorney General Jeff Sessions stated that Title VII of the Civil Rights Act of 1964, as a matter of law, does not prohibit employment...more

Attorney General Nixes Title VII Gender I.D. Protection

by Sherman & Howard L.L.C. on

Attorney General Jeff Sessions informed U.S. Attorneys and federal agencies on Wednesday that Title VII does not protect gender identity as a status. Noting that the position was a “conclusion of law, not policy,” Sessions...more

Department of Justice Weighs In: Title VII Does Not Prohibit Gender Identity Discrimination

by FordHarrison on

Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation, gender identity, transgender status and/or gender expression remains a heated debate in the courts and between...more

Title VII Does Not Ban Gender Identity Discrimination, DOJ Says

Asserting that the U.S. Department of Justice “must interpret Title VII as written by Congress,” the DOJ is reversing the Obama-era interpretation of Title VII, taking the position that Title VII does not prohibit...more

Department Of Justice Releases Memorandum Restricting Transgender Worker Protection Under Title VII

by Jackson Lewis P.C. on

On October 4, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s position that gender identity is protected as part of Title VII of the Civil Rights Act’s prohibition against sex discrimination — taking...more

Heads You Win, Tails You Lose: Government on Both Sides of the LGBT Protections Debate

Recently, much has been made about the government’s conflicting positions regarding whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964. The EEOC (“Equal Employment Opportunity Commission”)...more

EEOC Sues Evergreen Kia For Sexual Orientation and Disability Discrimination

Car Dealership Owner Subjected Employee to Constant Harassment for Being Gay and Having Crohn's Disease, Federal Agency Charges - CHICAGO - Chicago car dealership Evergreen Kia violated civil rights law by subjecting 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

WPI State of the States: Major Bills Advance in September, With More on Deck for October

by Littler on

The baseball pennant races are about to kick off, but not all the action is on the field. Roughly a dozen state legislatures were in session during September, and they considered more than 50 labor and employment bills....more

Lawsuit Challenges Adoption Agencies That Refuse to Work with Same-Sex Couples

by Varnum LLP on

2015 was an eventful year for gay rights in Michigan. Most notably, litigation concerning Michigan's ban of same-sex marriage reached the United States Supreme Court, in Obergefell v. Hodges. In a June 26, 2015 decision, a...more

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