News & Analysis as of

January 1st is Quickly Approaching – Have you Reviewed your Health Plan for Section 1557 Compliance?

Earlier this year the U.S. Department of Health and Human Services (“HHS”) finalized regulations that implement Section 1557 of the Affordable Care Act (“Section 1557”). You can read our prior discussions of these regulations...more

Texas Judge Clarifies Scope of Transgender Guidance Injunction; Feds Appeal to 5th Circuit

We have been tracking the development of litigation concerning rights, obligations, and duties with regard to transgender students as cases unfold across the country. Earlier this summer, Texas and twelve other states...more

Section 1557 of the Affordable Care Act: Implications for Health Care Providers and Health Insurers

Section 1557 of the Affordable Care Act (the “ACA”) prohibits discrimination on the basis of race, color, national origin, sex (including gender identity), age, or disability under any health program or activity that receives...more

Ohio Judge Upholds Federal Guidelines for Transgender Students

The landscape of transgender law impacting students is quickly evolving, in large part due to the increasing national debate over restroom access for transgender students. By way of background, under Title IX, schools...more

4 More Things to Know About Transgender Rights in the Workplace

“Bathroom Bills” Apply to All Public Facilities, Including Showers and Locker Rooms. Despite being commonly referred to as “bathroom bills,” the laws and policy statements regarding transgender individual’s bathroom...more

Illinois Court Finds In Favor of School District in Dispute Over District’s Decision to Allow Bathroom and Locker Room Access for...

In an opinion issued yesterday, U.S. District Court Magistrate Judge Jeffrey Gilbert decided that Township High School District 211 “balanced the interests of all its students when it decided to permit transgender students to...more

Washington Healthcare Update

1. Congress - Senate - FDA Supports Expanded Authority Over Cosmetics - In an Oct. 5 letter to Senator Dianne Feinstein (D-CA), the Food and Drug Administration (FDA) says its current legal authority over...more

EEOC appeals loss in Detroit transgender case

As we knew it would, the Equal Employment Opportunity Commission has appealed the decision of Judge Sean Cox, who granted summary judgment to a Detroit-area funeral home chain in a transgender discrimination case....more

[Event] Evolving Workplace Issues and Dynamics - Are You Ready? - Seminar and Reception - November 10th, Melbourne, FL

Half-Day Seminar Hosted by South Brevard SHRM and FordHarrison SBSHRM and FordHarrison are partnering for a fantastic half-day event at the Eau Gallie Yacht Club. This event will be held in place of SBSHRM's usual luncheon...more

I Meant What I Said: Transgender Student Rights In Connecticut In The Face Of The Latest Federal Court Developments

As we have previously written, the United States Departments of Education and Justice issued joint guidance for school districts regarding transgender students via a May 13, 2016 “Dear Colleague Letter.” This guidance was...more

Providing Transgender-Inclusive Health Care

The United States Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) has issued a final rule implementing Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of...more

Restroom Use “Catch 22” For Transgender Individuals Violates Title VII, Court Says

Roberts v. Clark County (NV) School District involved a female-to-male transgender police officer. Although the School District later changed its policy, when Bradley Roberts first told the District in 2011 that he was...more

Transgender Issues in the Workplace: Legal Issues and Considerations for Companies

Over this past year, there has been an increasing amount of attention on transgender persons both in the media and in the law. Garnering particular attention, North Carolina passed Senate Bill 2 which prohibits students and...more

MCAD Provides Guidance to Employers on Gender Identity Issues

Places of Public Accommodation May Not Discriminate Based on Gender Identity - Effective October 1, 2016, places of public accommodation in Massachusetts are prohibited from engaging in discrimination based on an...more

Exploring LGBT Discrimination in the Workplace

The effects of same-sex marriage on employee benefits, companies’ actions to prevent employee discrimination and an evolving focus on benefits with special implications for diverse employees continue to be hot topics in...more

5 Things to Know About Transgender Rights in the Workplace

The EEOC in Lusardi v. Dep’t of the Army, EEOC Appeal No. 0120133395, 2015 WL 1607756 (Mar. 27, 2015), held that intentional misuse of a transgender employee’s new name and pronoun may constitute sex-based discrimination...more

Transgender Issues in the Law and in the Workplace

Visibility of transgender persons has been heightened lately. Caitlyn Jenner received an ESPY award for her bravery in discussing trans issues, there are story lines in popular television shows like “Orange Is the New Black”...more

CFPB builds case for ECOA protection for gender identity and sexual orientation

While CFPB officials have suggested in public remarks that the Equal Credit Opportunity Act’s prohibition against discrimination on the basis of “sex” includes discrimination based on gender identity and sexual orientation, a...more

Hairstyle Is Not a Protected Category but Sexual Orientation Likely Is

Several recent decisions have opened the door to further scrutiny regarding discrimination and the basis for a finding of discriminatory conduct by an employer. These decisions continue to show the volatility of...more

Takeaways from the EEOC’s Loss of Noteworthy Transgender Rights Case

Since the EEOC first ruled in 2012 that discrimination based on transgender status constitutes sex discrimination in violation of Title VII, the EEOC has continued to expand protections for transgender employees, finding that...more

A Deeper Dive: Employers Receiving Federal Funding May Be Subject to ACA’s Nondiscrimination Rule and Need to Cover Transgender...

In recent months, we have written a fair amount about providing transgender benefits in light of the nondiscrimination provisions of the Affordable Care Act. Our blogs of March 30, 2016 and June 22, 2016 highlight the key...more

Employment Law Navigator – Week in Review: September 2016 #3

Last week, the legal battle between federal authorities and North Carolina over transgender bathroom access took a turn. North Carolina’s governor quietly withdrew the state’s suit against the federal government, instead...more

New Massachusetts Amendments Related to Gender Identity Discrimination Go Into Effect October 1: What Massachusetts Employers...

The Massachusetts Legislature recently amended the General Laws of Massachusetts, Chapter 272 (M.G.L. ch. 272), to prohibit discrimination in places of public accommodation based on an individual’s gender identity. The...more

Changing Legal Landscape in Transgender Health Coverage

Gender identity and transgender rights have come to the forefront in the news over the past few years. While the case law is more settled with respect to transgender discrimination in the workplace, not much guidance is...more

Is There a Change in the Wind for LGBTQ Law?

Unlike many of us, the courts were not on vacation during the month of August in the area of LGBTQ law. We have seen a number of rulings which seem to signal that the courts are trying to “slow down” the EEOC and other...more

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