Transgender

News & Analysis as of

President Obama's Latest Executive Order Recognizing Gay and Transgender Rights Among Federal Contractors

While much has been said in the mainstream media over the past 24 hours regarding President Obama's latest Executive Order protecting gay and transgender individuals from discrimination by federal contractors, a few...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 48: Transgender Rights Under Title VII...

As Pride festivities celebrating the lesbian, gay, bisexual, and transgender (LGBT) culture occur this month in Los Angeles, San Francisco, San Diego and Sacramento, we take a look at the development of transgender...more

Medicare Appeals Panel Invalidates National Coverage Determination Prohibiting Coverage for Gender Reassignment Surgery

On May 30, 2014, the Departmental Appeals Board (DAB) issued a decision invalidating the long-standing National Coverage Determination (NCD) prohibiting Medicare payment for transsexual surgery (now known as gender...more

Houston Passes Controversial Anti-Discrimination Ordinance

Late in the evening on May 28th, the Houston City Council passed a city ordinance that prohibits discrimination against employees on the basis of sexual orientation or trans-gender status. ...more

Non-Binary Gender Identities in the Workplace

Gender fluid, gender variant, non-binary, agender, pangender—these are just a few examples of the more than 50 gender-identity options, beyond male and female, now available to users of Facebook. These genders do not,...more

Transgender Woman Seeks Coverage Under ACA

A transgender woman recently filed a complaint in the U.S. District Court for the Central District of Illinois against her primary care physician, as well as the not-for-profit health-care clinic with which her physician is...more

Transgender Issues Highlight Tensions Between Students' Rights To Liberty And Privacy

In the wake of controversy over school vouchers, fights over appropriate curriculum, and the endless battles to decide whether school funding is adequate, the nation’s public and private schools certainly have their share of...more

Maryland Governor Expected To Sign Transgender Equality Bill

This month, Maryland Governor Martin O'Malley is expected to sign the Fairness for All Marylanders Act of 2014 (the Act). The Act prohibits discrimination against transgender individuals in employment, housing, and places of...more

Transgender Students and Communal School Bathrooms: Doe V. Regional School Unit 26

How can Connecticut schools best accommodate transgender students? - While it is fair to say that this is not the sort of question that most superintendents, college administrators and board of education members would...more

Butler Snow: Workplace Vol. 2014 No. 1

Senate Bill 815, referred to as the “Employment Non-Discrimination Act of 2013” (ENDA), passed the Senate on November 7, 2013. The bill had bipartisan support with 64 Senators (10 Republican) voting in favor and 32 opposing...more

Transgender Rights: A New Area of Focus for Employers

Currently, there is no explicit federal protection for sexual orientation, gender identity, or expression* but that may change soon. On November 7, 2013, the Senate passed the Employment Non-Discrimination Act of 2013 (ENDA)...more

Employment Law -- Oct 15, 2013

“Use It or Lose It” Policy Results in Multimillion-Dollar Verdict - Why it matters: Although this decision is unpublished, it provides a lesson on the potentially expensive ramifications of maintaining an illegal...more

Labor & Employment E-Note - October 10, 2013

In This Issue: - High Court Takes on Number of Workplace Dispute Cases - Government Shutdown Creates Delays at Labor Department, NLRB - E-Verify Suspension Leaves Employers Concerned Over Hiring - Judge Again...more

Title VII Does Not Cover Sexual Orientation...Or Does It?

From the time I began practicing employment law many (too many) years ago, and probably for longer than that, we employment types have been quite comfortable in advising our clients that Title VII does not cover sexual...more

Rapid City Market to Pay $50,000 to Settle EEOC Finding of Discrimination Against Transgender Employee

Well-Performing Employee Fired Because of Gender Identity, Agency Charged - MINNEAPOLIS -- In a conciliation agreement with the U.S. Equal Employment Opportunity Commission (EEOC), a Rapid City, S.D., supermarket owner...more

California Assembly Bill 1266

Since the Governor signed AB 1266, school districts and other education agencies have been inundated with questions from the media, parents, and students about what the new law means to the schools. This Legal Alert is...more

AB 1266 Clarifies Existing California Law Regarding Access to Programs and Facilities by Transgender Students

This week Governor Brown signed AB 1266, which adds section 221.5(f) to the Education Code. It provides "A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams...more

AB 1266 Expands Rights of Transgender Students - New Law Creates Challenges for California School Districts

This week, Governor Jerry Brown signed into law Assembly Bill 1266, which adds a single sentence to California Education Code section 221.5 – a section that has long prohibited public schools from limiting participation in...more

Philadelphia Passes Ordinance Expanding LGBT Rights

On April 25, 2013, Philadelphia City Council passed the LGBT Equality Bill, Bill No. 130224, which Philadelphia Mayor Michael Nutter signed into law on May 9, 2013. ...more

Colorado School Denies Six-Year-Old Transgender Student’s Request To Use Girls’ Bathroom

As The New York Times recently reported, a Colorado school district is facing a lawsuit after refusing to allow a six-year-old transgender student to use the girls’ bathroom in a local elementary school. The case highlights...more

Transgender Youth Barred From Girls’ Restroom

Coy Mathis, born a male, has identified as a female since the age of 18 months. Now at six-years old she must confront issues that far exceed the normal trials and tribulations of the first grade classroom. Coy has dressed in...more

Phoenix Anti-Discrimination Ordinance Expanded to Include Gay, Lesbian, Bisexual, and Transgender Residents

The Phoenix City Council recently amended the Phoenix City Code to add the terms “sexual orientation” and “gender identity or expression” to the code section currently prohibiting discrimination in employment, public...more

Could Innocent Employers Go to Jail? Sex, Gender Identity and Phoenix’s New Criminal Ordinance

Opponents of newly approved amendments to the city of Phoenix’s Human Relations Ordinance (the Ordinance) had worried that the amendments could result in criminal penalties for employers and others who might bar transgender...more

Ze’s Struggles as an Immigrant Detainee

Since the birth of America, our nation has been known for being a culturally diverse society that welcomes people from everywhere in the world, regardless of race, creed, and background. Given the importance that has been...more

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