Transgender

News & Analysis as of

Texas District Court Enjoins Federal Gender Identity Protection Of Students

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

The EEOC’s Defeat In Detroit: Pants, Skirts, Gender Identity, And Religion

Last week, I reported that summary judgment was granted against the Equal Employment Opportunity Commission in its transgender discrimination lawsuit against R.G. and G.R. Harris Funeral Homes, linked to the decision (but...more

Federal Contractors Must Comply with New Rules on Sex Bias

Contractors should be careful not to implement any policies or practices that may have a disparate, adverse impact on one sex unless they are job-related and consistent with business necessity. Originally published in...more

United States District Court Enjoins Enforcement of Dear Colleague Letter on Transgender Students; Decision May Impact OCR...

On August 21, 2016, in a case entitled State of Texas et al. v. United States of America et al ., Judge Reed O’Connor of the United States District Court for the Northern District of Texas issued a nationwide preliminary...more

Transgender Claim Meets Dress Code

The worlds of transgender versus religious rights collided hard recently when an EEOC action on behalf of a discharged transgender worker ran full force into a Religious Freedom Restoration Act (“RFRA”) defense, and the EEOC...more

Federal Judge Blocks Obama Administration’s Transgender Bathroom Policy

A federal judge in Texas has dealt a serious blow to the Obama administration’s transgender school bathroom directive, barring the federal order which required schools to allow transgender students to use bathrooms, locker...more

Court Dismisses on Religious Freedom Grounds EEOC’s Title VII Suit on Behalf of Fired Transgender Employee

Finding the Equal Employment Opportunity Commission failed to accommodate the religious beliefs of a funeral home’s owner who fired a transgender employee under the Religious Freedom Restoration Act, a federal district court...more

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

Last week, a federal judge dismissed a transgender discrimination lawsuit brought by the EEOC, citing the company owner’s religious beliefs and the Religious Freedom Restoration Act. The case involved the termination of a...more

EEOC Loses Landmark Transgender Discrimination Case

Seyfarth Synopsis: In one of the first two ever transgender discrimination cases brought by the EEOC, a federal court in Michigan granted the employer’s motion for summary judgment, finding the employer met its burden in...more

Massachusetts Enacts Transgender Restroom Law

Massachusetts has taken another step in protecting those who do not identify with the sex they were assigned at birth. Effective October 1, 2016, individuals will have the legal right to use restrooms, changing rooms, and...more

BREAKING: Detroit-Area Funeral Home Wins In EEOC Transgender Case

Remember EEOC v. R.G. & G.R. Harris Funeral Homes? This was the transgender discrimination case brought by the Equal Employment Opportunity Commission against a suburban Detroit funeral home chain for allegedly discriminating...more

Religious Institutions Update: August 2016

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

Gavin Grimm v. Glouchester County School Board—Is the Supreme Court Finally Weighing in on the Transgender Bathroom Debate?

On August 3, 2016, the United States Supreme Court granted a stay to a Virginia school Board pending Supreme Court review of the case. In an action reminiscence of the same sex marriage controversy, the Supreme Court's...more

New OFCCP Sex Discrimination Rule Now in Effect

On June 14, 2016, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) published its updated sex discrimination rule for federal contractors and subcontractors. The Final Rule, "Discrimination on...more

U.S. Supreme Court Blocks Order Allowing Transgender Restroom Choice

On August 3, 2016, amidst national debate over transgender rights, the United States Supreme Court temporarily blocked a court order that had allowed a transgender student to use the boys’ restrooms in a Virginia high school....more

Seventh Circuit Holds That Title VII Does Not Cover Sexual Orientation

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

Massachusetts Expands Protections To Transgender Individuals

As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use...more

Federal Contractors Must Comply with OFCCP's Revised Sex Discrimination Guidelines or Face Possible Debarment - Effective August...

Earlier this year, the OFCCP published a Final Rule revising its Sex Discrimination Guidelines which prohibits discrimination by government contractors on the basis of sex. The new Rule requires federal contractors to...more

Massachusetts State Legislature Takes Action on Major Employment Reform as Legislative Session Ends

In the final weeks before the end of the legislative session, the Massachusetts House and State both addressed major pieces of labor and employment legislation. However, although the legislature passed S.2119, an Act to...more

United States Supreme Court Issues Temporary Stay of Fourth Circuit's Transgender Restroom Decision

This Client Alert is in follow-up to our April 22, 2016 and May 13, 2016 Legal Updates addressing transgender student issues under Title IX of the Education Amendments Act of 1972 (“Title IX”). On August 3, 2016 the...more

A look at the legal issues in the transgender bathrooms debate

On Wednesday, the U.S. Supreme Court signaled that it may take up the question of whether and to what extent educational institutions are required to permit transgender individuals to use the bathroom that corresponds to...more

EEOC: Title VII Prohibits Employment Discrimination Based on Gender Identity, Sexual Orientation

The Equal Employment Opportunity Commission has stated definitively that it interprets, and will enforce accordingly, the Civil Right Act’s Title VII’s prohibition on sex discrimination as encompassing employment...more

HHS Final Rule Extends Anti-Discrimination Protection to Transgender Patients

This past May, the Department of Health and Human Services (HHS) issued a final rule implementing Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of race, color, national origin,...more

Supreme Court Stays Fourth Circuit’s Ruling Affirming Transgender Students’ Bathroom Rights

The Supreme Court stayed a Fourth Circuit ruling that requires schools to allow transgender students to use the bathroom of the gender they identify as. We are monitoring the case for its impact on employers going forward. ...more

Employment Law Commentary, July 2016: The EEOC’s New Focus On LGBTQ Discrimination: How To Stay Out Of The Headlines

The year 2015 was a breakthrough year for the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community. Just over a year ago, in Obergefell v. Hodges, the U.S. Supreme Court issued its landmark decision on marriage...more

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