Transgender

News & Analysis as of

Transgender Student Issues – The FEDs Speak, But Is It Really News In Connecticut?

On May 13, 2016, with much fanfare, the United States Department of Justice and the United States Department of Education jointly issued a “Dear Colleague Letter” [“DCL”] in order to provide guidance for school districts with...more

NYC Lays Down Law (And The Wave Of The Future?) On Gender Identity Discrimination

We have seen a veritable maelstrom of controversy surrounding transgender rights and other gender identity issues in the past year, and especially in the last several weeks, with everyone weighing in on the subject from...more

Employment Law Navigator – Week in Review: May 2016 #4

Last week the long-awaited final FLSA overtime regulations were published. The regulations are intended to make an additional 4.2 million workers eligible for overtime. The new rules raise the salary threshold for exempt...more

Federal Government Issues Guidance to Schools on Title IX and Transgender Students

In a move that made headlines across the country, two federal government agencies issued a significant guidance document last week interpreting Title IX's requirements for protecting transgender students' rights....more

Transgender Employee Bathroom Use

Ah, the bathroom. A place of relief and solitude for many, but for the last six weeks, it has been the focus of controversy. North Carolina now requires that people only use restrooms designated for the gender that appears...more

U.S. Department of Education and U.S. Department of Justice Issue Dear Colleague Letter Addressing Protections for Transgender...

On May 13, 2016, the U.S. Department of Justice and the U.S. Department of Education issued a Dear Colleague Letter (the “Letter”) addressing civil rights protections for transgender students under Title IX. The Letter is...more

EEOC Issues Fact Sheet on Transgender Restroom Access

On Monday, May 2nd, 2016, the EEOC issued a fact sheet entitled “Fact Sheet: Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964.” The fact sheet comports with the agency’s stance...more

Suing Not Too Wisely

Seyfarth Synopsis: A district court in Minnesota recently found an employee could not challenge a plan’s blanket transgender exclusion under Title VII, when the employee was not transgender but her son was. The Court went on...more

It’s Not Just the Bathrooms: Look Out for Amended FEHC Regulations re Transgender Employees

Seyfarth Synopsis: The California Fair Employment and Housing Council (“FEHC”) is currently drafting new regulations that define employment practices that constitute discrimination against transgender applicants and...more

Employment Law - May 2016 #2

Defend Trade Secrets Act Becomes Law - Why it matters - Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May...more

Federal Government Provides Schools New Guidance Regarding Transgender Students

Two divisions of the federal government have weighed in on the recent legal controversies surrounding accommodations for transgender students. The U.S. Department of Education's Office for Civil Rights (OCR) and the U.S....more

Department of Justice and Office of Civil Rights Issue Dear Colleague Letter on Transgender Students

On Friday, May 13, 2016, the U.S. Departments of Education and Justice released joint guidance entitled Dear Colleague Letter on Transgender Students (“Guidance”). This guidance is provided pursuant to the Departments’...more

Transgender Rights In the News

Almost every day the news has some new legal development involving the rights of LGBT employees. We already reported on the litigation heating up between North Carolina and the DOJ concerning that state’s now infamous...more

Department of Education’s best practices for transgender students deserve careful attention

As some REGucation readers may recall, last summer we authored a two-part series on emerging federal policy regarding the application of federal anti-discrimination laws to the transgender community. In particular, we...more

U. S. Department of Education Guidance on Transgender Students

The U.S. Department of Education and U.S. Department of Justice issued a joint Dear Colleague Letter ("DCL") on transgender students on May 13, 2016. The DCL is accompanied by a second document by the Department of Education...more

Federal Government Guidance On Transgender Students Breaks Barriers

On May 13, 2016, the U.S. Department of Education and U.S. Department of Justice published a guidance document for elementary and secondary schools that summarizes emerging practices for supporting transgender students. While...more

Government Issues New Guidance on Transgender Students

The U.S. Departments of Justice and Education issued a joint Dear Colleague Letter on May 13, 2016, clarifying that Title IX prohibits discrimination based on gender identity, including transgender status. The guidance states...more

U.S. DOE and DOJ Release Joint Guidance Regarding Transgender Students

The U.S. Departments of Education and Justice released joint guidance today entitled Dear Colleague Letter on Transgender Students. This guidance is provided pursuant to the DOE and DOJ’s enforcement authority under Title IX,...more

New Federal Guidelines on Supporting Transgender Students Under Title IX

Amidst a recently intensified national debate regarding support for transgender students in schools, the U.S. Department of Justice (DOJ) and Department of Education (DOE) today issued new guidance setting out guidelines for...more

Legal Update: 5/13/16 OCR "Dear Colleague" Letter Regarding Title IX -Transgender Students

As a follow-up to prior updates regarding transgender students’ rights, on May 13, 2016, the U.S. Department of Education Office for Civil Rights (OCR) issued a “Dear Colleague” letter regarding LEA’s Title IX obligations for...more

The U.S. Department of Justice and North Carolina Face Off On Transgender Rights

On Monday, the U.S. Department of Justice and the State of North Carolina exchanged federal law suits concerning the legality of a recently enacted North Carolina law known as “H.B. 2”. The law requires public agencies in...more

Flushed: The Debate Over Bathroom Access Rights for Transgender Employees Continues

America is currently in the midst of a debate over sex segregated public bathrooms and their impact on the bathroom access rights of transgender individuals. Over the past few years, there’s been a wave of state legislation...more

Federalism and LGBT Rights in North Carolina: Which Sovereign Has the Final Say?

Prior posts on this blog have discussed recent conflicts in Alabama and Mississippi that frame our country’s ongoing efforts to define the scope of federalism. Now, North Carolina has become the newest front in the fight to...more

EEOC Serves Notice Regarding Transgender Employees Bathroom Access Rights

In the midst of all the media coverage surrounding transgender bathroom policies, the Equal Employment Opportunity Commission (EEOC) has recently put employers on notice of its position that denying an employee access to a...more

EEOC Weighs-In on Restroom Access Rights for Transgender Employees

The Fact Sheet explains the EEOC’s position that, under Title VII of the Civil Rights Act of 1964 (Title VII), restricting a transgender employee’s access to restrooms that is not consistent with the employee’s gender...more

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