News & Analysis as of

Sexual Orientation Discrimination LGBTQ Protected Class

Nelson Mullins Riley & Scarborough LLP

[Hybrid Event] Rainbow Connection: How LGBTQIA+ History Informs Modern Civil Rights Efforts - October 11th, Atlanta, GA

Please join us in-person or virtually for Nelson Mullins' LGBTQ+ Affinity & Ally Group's 6th Annual Pride Seminar. Lunch will be provided to those attending in-person. CLE credits will be offered for select states. We...more

Ius Laboris

Japan adopts LGBTQ awareness legislation

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In June 2023, the ‘Act on the Promotion of Citizens’ Understanding of Diversity of Sexual Orientation and Gender Identity’ was enacted by the Japanese legislature (the Diet)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Says Wedding Website Designer May Refuse Same-Sex Couples Under First Amendment

On June 30, 2023, the Supreme Court of the United States ruled a wedding website designer who has religious objections to same-sex marriage may legally refuse to design websites for same-sex couples because the First...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Upholds Bostock Exemption for Religious Nonprofits

The U.S. Supreme Court’s Bostock v. Clayton County decision recognized discrimination on the basis of sexual orientation and gender identity as forms of sex discrimination, essentially incorporating such claims into Title...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Hears Arguments on Whether Wedding Website Creator Can Refuse Same-Sex Couples

On December 5, 2022, the Supreme Court of the United States heard oral arguments in a case on whether a wedding website creator may legally refuse to make websites for same-sex couples based on First Amendment grounds....more

Jackson Lewis P.C.

North Carolina’s City of Charlotte and Mecklenburg County Adopt Nondiscrimination Ordinances

Jackson Lewis P.C. on

Joining a host of communities in North Carolina, the Charlotte City Council has unanimously passed an ordinance to add nondiscrimination protections for sexual orientation, gender identity, gender expression, familial status,...more

Roetzel & Andress

U.S. House Passes LGBTQ Civil Rights Bill

Roetzel & Andress on

The U.S. House of Representatives passed a bill last week known as the Equality Act, which would amend the Civil Rights Act of 1964 to include sexual orientation and gender identity as protected classes. Last year, the...more

Rivkin Radler LLP

Federal Court Blocks HHS Rule on Sexual Orientation

Rivkin Radler LLP on

The U.S. District Court for the Eastern District of New York has blocked the U.S. Department of Health and Human Services (HHS) from enforcing a new rule that limited sex discrimination in healthcare to discrimination based...more

Fisher Phillips

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

Fisher Phillips on

You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Rumberger | Kirk

The Circuit Court Showdown: Will SCOTUS Say Yay or Nay Under Title VII to LGBT Workplace Discrimination?

Rumberger | Kirk on

Employers have long known that gender stereotyping is not allowed under Title VII of the Civil Rights Act’s prohibition on discrimination because of sex. However, there has been some confusion over whether this prohibition...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

FordHarrison

Gender Identity Complexity: From the Olympics to the Workplace

FordHarrison on

Olympic runner Caster Semenya, a woman by her own identification, was born with a unique body. While outwardly female, her body produces an excess of testosterone compared with other women. Olympic authorities have at times...more

Obermayer Rebmann Maxwell & Hippel LLP

Supreme Court to Decide if Anti-discrimination Laws Protect LGBTQ Employees

On April 22, 2019, the U.S. Supreme Court announced that it will consider whether federal anti-discrimination law applies to LGBTQ employees, granting judicial review to two (2) sexual orientation discrimination cases and one...more

Hogan Lovells

New York State Statute Now Protects Gender Identity in the Workplace

Hogan Lovells on

Employers in New York should ensure that their policies and practices are compliant with changes to New York law that are set to take effect soon....more

Bradley Arant Boult Cummings LLP

Fifth Circuit Rejects Title VII Transgender Protection, but Grants Summary Judgment on Other Grounds

In Wittmer v. Phillips 66, Judge James Ho of the Fifth Circuit wasted no time stating the Fifth Circuit’s position on whether sexual orientation or transgender status are protected classes under Title VII – they are not....more

Fisher Phillips

New York Bans Transgender Discrimination

Fisher Phillips on

The New Year has brought long-awaited and historic change to the legal rights of the LBGTQ community in the Empire State. On January 15, the State Assembly and State Senate voted to pass the Gender Expression...more

Akerman LLP - HR Defense

DOJ Contradicts EEOC over Title VII’s Applicability to Transgender Employees

Akerman LLP - HR Defense on

The Department of Justice is now squarely at odds with the Equal Employment Opportunities Commission over whether Title VII’s prohibition on sex discrimination also applies to discrimination against transgender employees. ...more

Ballard Spahr LLP

What Remedy for Transgender Students if HHS Succeeds in Narrowly Redefining Gender Under Title IX?

Ballard Spahr LLP on

The U.S. Department of Health and Human Services (HHS) recently revealed the agency's proposal to narrow the legal definition of sex under Title IX, the federal civil rights law that bans discrimination based on sex in...more

Franczek P.C.

Impact of Changes in Federal Government’s Transgender Approach in Illinois

Franczek P.C. on

A flurry of recent news reports signals a marked change by the Trump administration of the Federal government’s approach toward the rights of transgender students in public education. What, if any, practical implications do...more

Troutman Pepper

New Pa. Guidance Interprets Anti-Discrimination Law to Cover LGBT Individuals

Troutman Pepper on

In a significant development for Pennsylvania employers, the Pennsylvania Human Relations Commission (PHRC) has issued new guidance announcing that it takes the position that employment discrimination based on LGBT status is...more

Pierce Atwood LLP

New Hampshire Passes Gender Identity Law

Pierce Atwood LLP on

On June 8, 2018, New Hampshire Governor Chris Sununu signed, “An Act Prohibiting Discrimination Based on Gender Identity,” which adds gender identity as a protected characteristic to state anti-discrimination laws. ...more

Bradley Arant Boult Cummings LLP

The Continuing “Trans-formation” of Title VII: Texas Federal Court Holds Transgender People Have Title VII Protection

A Texas district court recently held, for the first time in the Fifth Circuit, that transgender people are a protected class under Title VII—but the plaintiff still lost her case. In Wittmer v. Phillips 66 Company, the...more

Foley & Lardner LLP

The Saga Continues: Second Circuit Court of Appeals Holds that Sexual Orientation Discrimination is Sex Discrimination Under Title...

Foley & Lardner LLP on

We have steadily followed the evolving legal landscape, including the emerging circuit court split, surrounding whether the federal anti-discrimination law, Title VII, prohibits discrimination based on sexual orientation or...more

Fisher Phillips

Another Landmark Ruling: Court Says Transgender Discrimination Violates Federal Anti-Bias Law - Three Things You Need To Know...

Fisher Phillips on

In what appears to be the first time a federal appeals court has extended the nation’s main federal employment discrimination statute to cover transgender and transitioning employees, the 6th Circuit Court of Appeals...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Breaks Ground: Sexual Orientation Discrimination Federally Protected

On February 26, 2018, the Second Circuit ruled for the first time that discrimination based on sexual orientation is unlawful under Title VII of the Civil Rights Act of 1964. The question at issue in Zarda v. Altitude...more

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