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Split of Authority Transgender

Polsinelli

Unanswered Questions in Light of Supreme Court’s Title VII Ruling

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In Bostock v. Clayton County, Georgia, the United States Supreme Court held that “an employer who fires an individual merely for being gay or transgender violates Title VII.”  With its decision, however, the Supreme Court...more

Spilman Thomas & Battle, PLLC

Supreme Court Will Render Landmark Decisions Regarding LGBTQ Protection Under Title VII

This fall, the U.S. Supreme Court heard three employment cases that collectively ask: Does Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination “because of…sex,” encompass discrimination based...more

Stokes Wagner

High Court to Consider Whether Title VII Covers LGBT Bias

Stokes Wagner on

This week, the U.S. Supreme Court will hear a trio of cases asking whether federal law protects gay and transgender workers from discrimination. Currently, Title VII of the Civil Rights Act of 1964 makes it illegal for...more

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

SCOTUS Hears Arguments on Scope Discrimination Because of Sex Under Title VII

On October 8, 2019, the Supreme Court of the United States heard oral argument on one core question: does the prohibition on discrimination “because of...sex” in Title VII of the Civil Rights Act of 1964 include...more

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

Reporting Nonbinary Classifications to the EEOC: Guidance From a New FAQ

On August 15, 2019, the Equal Employment Opportunity Commission (EEOC) added a question and answer to its list of frequently asked questions (FAQs) addressing, among other things, a growing concern for many employers: how to...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Reasserts View That Sexual Orientation Discrimination Is Not Protected Under Title VII

The U.S. Supreme Court has agreed to settle deep divisions between federal appellate courts on the question of whether an employee’s or applicant’s sexual orientation or gender identity are protected under Title VII’s sex...more

Proskauer - Law and the Workplace

SCOTUS to Decide Whether Title VII Protects Sexual Orientation and Gender Identity

On April 22, 2019, the Supreme Court granted certiorari in three cases that raise the question of whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. In two of the cases,...more

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

SCOTUS to Decide Next Term If Title VII Protects Sexual Orientation or Transgender Status

On April 22, 2019, the Supreme Court of the United States granted certiorari in a trio of cases, which will finally allow the Court to decide whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the...more

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

National Coming Out Day: The Legal Pipeline Continues to Flow for LGBTQ Employees

An estimated 9 million adults in the United States are lesbian, gay, bisexual, or transgender. Eighty-seven percent of U.S. residents report knowing someone who is lesbian or gay, and half report having a close lesbian or gay...more

Skadden, Arps, Slate, Meagher & Flom LLP

Federal Court Rulings Growing in Favor of LGBT+ Employees

As members of the lesbian, gay, bisexual and transgender community (LGBT+) are increasingly open at work about their identities, circuit courts are recognizing that Title VII of the Civil Rights Act protects them from...more

Proskauer - Law and the Workplace

[Podcast]: Recent Developments in Title VII

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the latest developments in Title VII. We will discuss the two recent circuit court decisions concerning the scope of sex...more

Poyner Spruill LLP

Second Circuit and Seventh Circuit are in Agreement - Sex Discrimination Includes Sexual Orientation

Poyner Spruill LLP on

The Second Circuit Court of Appeals recently issued an opinion in Zarda v. Altitude Express and held that Title VII provides protection from discrimination and harassment because of an individual’s sexual orientation. The...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

Fisher Phillips

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

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

Mintz - Employment Viewpoints

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

Payne & Fears

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

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

Zuckerman Spaeder LLP

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

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 religion....more

Womble Bond Dickinson

Federal Appeals Court Rules Sexual Orientation Is Protected Class

Womble Bond Dickinson on

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

Proskauer - Law and the Workplace

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

Fisher Phillips

Landmark Appeals Court Ruling Extends Title VII Protections To LGBT Employees

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

Holland & Knight LLP

Seventh Circuit Recognizes Sexual Orientation Discrimination Under Title VII

Holland & Knight LLP on

In a landmark decision issued on April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit held in Hively v. Ivy Tech Community College of Indiana, No. 15-1720 (en banc) that discrimination in employment based on one's...more

Seyfarth Shaw LLP

Texas District Court Enjoins Federal Gender Identity Protection Of Students

Seyfarth Shaw LLP on

Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for...more

Seyfarth Shaw LLP

Seventh Circuit Holds That Title VII Does Not Cover Sexual Orientation

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit has ruled that Title VII does not provide protection from discrimination on the basis of sexual orientation. However, the reasoning behind the Court’s ruling seems calculated to bring...more

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