Transgender

News & Analysis as of

Emergence of Transgender Status Issues in Workplace Raises Compliance Questions for Employers

Transgender issues have been grabbing headlines in recent months—perhaps most notably with Bruce Jenner’s televised announcement about his gender transition. Beyond the bright lights of pop culture, a wave of litigation and...more

More than Just a TV Show: How Bruce Jenner’s Story Sheds Light on the Importance of Workplace Policies for Transgender Employees

Last month in a nationally televised interview, U.S. Olympic icon Bruce Jenner revealed to the world that he is a transgender woman. While the coming out process for the rest of the nearly 700,000 transgender Americans may...more

Transgender and Sexual Orientation Anti-Discrimination Protections — Maybe not yet the Law of the Land, but Your Policies Better...

Though most Americans do not seem to realize it, anti-discrimination legal protections in employment for transgender, gay, bisexual, and lesbian (LGBT) employees are not uniform across the U.S. In fact, the federal Employment...more

EEOC Takes On Transgender Discrimination Under Title VII

On April 21, 2014, the U.S. District Court for the Eastern District of Michigan ruled that the EEOC may proceed with sex discrimination claims on behalf of a transgender plaintiff. This litigation is one of two actions filed...more

EEOC Will Now Process Sexual Orientation Discrimination Claims

On February 3rd, the Equal Employment Opportunity Commission released an internal memorandum stating that the EEOC will now process and investigate claims of discrimination based on sexual orientation, transgender status, and...more

Update on EEOC Transgender Litigation

The Equal Employment Opportunity Commission (“EEOC”) has continued its push for increased focus on LGBT discrimination issues, with two cases in federal courts in Florida and Michigan pushing its position that gender...more

A Title VII Transition?: Protections for Transgender Persons in the Workplace

Three years ago, the EEOC issued an opinion which held, for the first time, that discrimination against transgender persons based on gender identity is impermissible sex discrimination under Title VII of the Civil Rights Act...more

Quick Hits: Transgender Workplaces; Proving Emotional Harm; “Digital Natives”; Labor History in Schools

With Twitter, I’ve been doing less “recap” posts of late. Why? For the simple reason that you can get all of the posts I’ve read of late on Twitter....more

EEOC Settles Landmark Transgender Discrimination Case

An historic Equal Employment Opportunity Commission (EEOC) settlement was approved by the U.S. District Court in Tampa, Florida, on April 9, 2015. The suit was one of only two gender-identity discrimination claims ever filed...more

Employment Law - April 2015 #2

LinkedIn Search Doesn’t Implicate FCRA, California Court Rules - Why it matters: Granting LinkedIn’s motion to dismiss, a federal court judge in California held that LinkedIn users could not sue the site for...more

EEOC Requires Employer to Provide Restroom Access to Transgendered Employee Based on Gender Identity

Many employers and municipalities across the U.S. are considering changes to laws and rules governing access to restroom facilities by transgendered persons. Employers can struggle balancing the interests of transgendered...more

EEOC Transgender Case In Detroit Will Go Forward

As our readers know, the EEOC filed two lawsuits last fall against private employers, alleging discrimination against transgender individuals: one case against a medical practice in Florida, and the other against a funeral...more

Federal Government Files ‘Statement of Interest’ In Gender-Identity Case

In recent years, there have been increasing concerns involving discrimination faced by the transgender community. Not surprisingly, these concerns have centered on the challenges faced by gender non-conforming students and...more

One Of EEOC’s First Transgender Lawsuits Has Settled

The EEOC announced this week that one of the lawsuits — against Lakeland Eye Clinic of Florida — has settled. The Clinic has agreed to make two payments of $75,000 to Brandi Branson, who had been the Clinic’s Director of...more

Transgender Litigant Challenges Exclusion of "Gender Identity Disorder" in Americans with Disabilities Act

The Americans with Disabilities Act, 42 U.S.C. § 12191, et seq. ("ADA"), expressly excludes from its protections individuals whose gender identity disorder is not the result of a physical impairment. The so-called "GID...more

U.S. Army Loses Battle to Regulate Bathroom Selection of Transgender (Civilian) Employee

On April 1, 2015, the EEOC ordered the Army to pay damages for discriminating against a transgender employee when it prevented her from using the common women’s bathroom and routinely demeaned her by calling her “sir” and...more

Lakeland Eye Clinic Pagará $150,000 Para Resolver Demanda Por Discriminación Transgenero/Sexual

Clínica Acordó en Implementar Nueva Política Contra la Discriminación a Base de Identidad de Género - TAMPA, Fla. - Lakeland Eye Clinic, una organización de profesionales de salud con sede en Lakeland, Fla, pagará...more

Lakeland Eye Clinic will Pay $150,000 to Resolve Transgender / Sex Discrimination Lawsuit

Clinic Agrees to Implement New Gender Identity Anti-Discrimination Policy - TAMPA, Fla. - Lakeland Eye Clinic, a Lakeland, Fla.-based organization of health care professionals, will pay $150,000 to settle one of the...more

Transgender Rights in the Workplace: A Guide for Employers to Protect Against Harassment & Discrimination

Last week, President Obama signed an executive order banning discrimination against gay or transgender federal employees and contractors. On the same day, the first gender-neutral bathroom became available in the White House....more

Justice Department sues university in Oklahoma on behalf of transgender professor

One of the Equal Employment Opportunity Commission’s stated 2015 priorities is applying Title VII’s sex discrimination protection to lesbian, gay, bisexual and transgender individuals. This focus is illustrated by a recent...more

U.S. Department of Justice Files Lawsuit Against Southeastern Oklahoma State University for Transgender Discrimination

Last week, in a rather bold move, the United States Department of Justice filed a lawsuit against Southeastern Oklahoma State University (“Southeastern”), alleging that the school discriminated against a transgender professor...more

Justice Department Files Lawsuit Alleging that Southeastern Oklahoma State University Discriminated Against Transgender Woman

WASHINGTON - The Justice Department announced today the filing of a lawsuit against Southeastern Oklahoma State University (Southeastern) and the Regional University System of Oklahoma (RUSO) for violating Title VII of the...more

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

Wilting Under A White-Hot Spotlight, Saks Settles Transgender Case

Saks Fifth Avenue has settled a transgender discrimination case in Texas that garnered the company much unwanted attention. ...more

Transgender Discrimination and the Equal Opportunity Workplace

Although most companies have workplace policies prohibiting discrimination and harassment based on an employee’s sex, race and religion, many companies have not yet added gender identity to the list of protected categories....more

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