News & Analysis as of

Significant Changes to New York Laws On Pay Equity, Transgender Protection, and Wage Payments

New York Governor Andrew Cuomo and the State Department of Labor (“DOL”) have taken several steps in recent weeks that will significantly affect employers throughout the State. These changes concern the rights of women in...more

New York State Takes an Ax to the Workplace Glass Ceiling: New Legislation to Advance the Rights of Women and Transgender...

On October 21, Governor Cuomo signed into New York State law five bills aimed at eliminating discrimination against women in the workplace. These laws, which take effect on January 19, 2016, add new protected classifications...more

Diversity Matters: Note from the Editor - Fall 2015

The excitement is still evident from the Supreme Court's June decision on marriage equality. Friends, coworkers and clients have made up and changed their minds and reactions to the ruling, all while keeping the social media...more

Philadelphia Legislation Makes It Illegal for Single-Stall Bathrooms to Say ‘Men’ or ‘Women’

On November 19, 2015, Philadelphia Mayor Michael A. Nutter signed legislation making it illegal for public restrooms in city-owned buildings, as well as in privately-owned restaurants, hotels and other businesses with public...more

The Bathroom Dilemma in the News – Transgender Rights on the Front Page

The front page of last Sunday’s New York Times ‘Styles’ section was almost entirely devoted to an article called “The Symbols of Change,” recounting how many public venues are converting from the traditional male/female...more

New York State Proposes Regulations Protecting Transgender Individuals From Discrimination and Harassment in Employment

After several failed attempts to pass legislation banning discrimination and harassment against transgender individuals, New York State Governor Andrew Cuomo directed the New York State Division of Human Rights to issue...more

OCR Takes a Stand on Transgender Students in Locker Rooms

The U.S. Department of Education’s Office for Civil Rights (OCR) found an Illinois school district in violation of Title IX of the Education Amendments of 1972 this week for denying a transgender student access to girls’...more

OCR Finds That Title IX Requires Equal Locker Room Access for Transgender Students

The US Department of Education, Office for Civil Rights (OCR), recently confirmed that transgender students are protected from sex-based discrimination under Title IX and found that a public school district violated Title IX...more

OCR Finds Title IX Violation for School District’s Prohibition of Transgender Student’s Use of Locker Room

The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently concluded that a public school district in Illinois violated Title IX both by prohibiting a transgender high school student from using the locker...more

Three Things You Need To Know: School Ordered To Allow Girls' Locker Room Access To Transgender Student

Should anatomically male transgender high school students who identify as female be allowed to use female locker rooms? In what has been described as a “momentous” decision, the Department of Education Office of Civil Rights...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

New York Expands Discrimination Protections Against Workplace Gender Bias

On October 21, 2015, New York Governor Andrew Cuomo signed into law a number of bills, which cumulatively expand protections against gender discrimination, sexual harassment, domestic violence, and human trafficking. This...more

Governor Cuomo Issues Executive Order Prohibiting Transgender Discrimination in New York State

On October 23, 2016, Governor Andrew Cuomo (“Governor Cuomo”) exercised his executive power to expand the New York State Human Right Law to include protections for transgender individuals. The announcement came during the...more

Employment Matters Newsletter, Fall 2015

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Transgender Individuals to Gain Protection under New York State Law

On October 22, 2015, at the Pride Agenda Dinner, Governor Cuomo announced that he plans to extend protections against discrimination in employment, housing and public accommodations to transgender individuals. The New York...more

U.S Equal Employment Opportunity Commission: Recent Complaint Filings and Trends

The end of the federal government fiscal year (September 30) always produces a flurry of activity from the EEOC, and this year was no different. Of the 157 lawsuits filed by the EEOC in fiscal year 2015, approximately 62 of...more

California’s Gender Identity Legislation: New Protections for Transgender Employees Working with State Agencies

On October 7, 2015, Governor Jerry Brown signed Senate Bill 703 (SB 703), protecting transgender employees whose employers engage in business with state agencies. Specifically, the bill expands on the state’s pre-existing...more

Transcending Gender In Schools: Is Gender Neutral The New Normal?

In Missouri, a 17-year-old student who was born male, but has identified as female since he was 13, chose to use the girls’ locker room during gym class. That decision sparked outrage in the school community and led to...more

EEOC Wins Most Of Discovery Dispute In Transgender Case

In July, I posted about a discovery dispute in the transgender lawsuit going on in the Detroit area. The Equal Employment Opportunity Commission has sued a funeral home for discriminating against Aimee Stephens, a transgender...more

That is SO last week - September 2015 #3

Last week, The New York Times reported that men “feel entitled to take time off for family” too. The subject of the article was Josh Levs, a former CNN reporter who wanted more time off when his third child was born...more

What employers need to know about transgender discrimination

Recent developments in the area of transgender rights should put employers on notice that government agencies are serious about eliminating this type of discrimination. DOJ steps in to sue university in Oklahoma...more

Court Allows EEOC to Join Transgender / Sex Discrimination Lawsuit against First Tower Loan

Lake Charles Location Terminated Employee Because of Transgender Status, Commission Charges - NEW ORLEANS - Mississippi-based First Tower Loan, LLC violated federal law by firing a Lake Charles, La., manager-trainee...more

Business without bias: Avoid LGBT discrimination or pay the price

It’s apparent that societal attitudes are changing toward the LGBT community. Before the U.S. Supreme Court legalized gay marriage nationwide, many states had already done so. In other areas, however, the legal status of...more

New HHS Rules Will Provide Greater Protections Against Gender Identity Discrimination

The Obama administration continues to use its executive authority to expand societal inclusion of transgender individuals. On September 3, the Department of Health and Human Services issued proposed rules under Section 1557...more

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