Transgender Discrimination

News & Analysis as of

Eleventh Circuit Agrees That Discrimination Against Transgendered Employees Violates Title VII

In recent years, the Equal Employment Opportunity Commission and federal courts across the U.S. have increasingly agreed that discrimination against transgendered employees is a form of sex discrimination under Title VII....more

Employment Law Commentary, December 2015

New Year, Revised Handbook - Now that you know all about the new employment laws in California for 2016—see our Employment Law Commentary from last month—it’s time to think about revising your employee handbooks and...more

The Division of Human Rights Proposes Regulations to Expand Anti-Discrimination Protections to Transgender Individuals

After several unsuccessful attempts to pass the Gender Expression Nondiscrimination Act, which would have extended the nondiscrimination protections in the New York Human Rights Law to transgender individuals, Governor Cuomo...more

School Districts’ Obligations to Transgender Students Under Scrutiny as Another School District Settles With OCR (12/15)

In October 2014, we reported on the increasing attention given by the U.S. Department of Education’s Office for Civil Rights (OCR) to the issue of discrimination against transgender students in public schools. Over the past...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

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

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

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

HHS Publishes Proposed Rule on Nondiscrimination in Health Programs and Activities

On September 8, 2015, HHS published a wide-ranging proposed rule to implement Section 1557 the Affordable Care Act (ACA), which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in...more

When Labeling An Employee “Male” May Not Be Good Enough Anymore

The rapid pace of the country’s openness to discuss issues of gender identity (and no, this isn’t going to be an article about Caitlyn Jenner) has actually led to a rise in the use of words to describe situations that you may...more

Federal Court Dismisses Transgender Student’s Title IX Claims in Restroom Lawsuit

Last week, U.S. District Judge Robert G. Doumar ruled that a school board’s decision to prohibit a transgender student from using the male restroom does not constitute unlawful discrimination under Title IX of the Education...more

Transgender Employees: Best Practices

Transgender rights are a burgeoning area of law across Canada. Most recently, amendments made to the Alberta Bill of Rights on March 10, 2015, which came into force on June 1, 2015, recognize gender identity and gender...more

Caitlyn on campus: Title IX and the transgender community

On June 26, the U.S. Supreme Court decided that no state could limit or prohibit same-sex marriages in an opinion that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain...more

How Much, Er, Discovery Is Allowed In A Transgender Lawsuit?

Well, this should be interesting. As I’ve reported before, the Equal Employment Opportunity Commission has sued a funeral home chain in the Detroit area for terminating Aimee Stephens, a transgendered woman, because she...more

That is SO last week - July 2015 #3

There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more

Employment Law - June 2015 #2

Joint Employers Can Be Liable for Employee Misclassification in California: Why it matters - Liability under the California Labor Code extends to joint employers that are aware of a willful misclassification of an...more

Five EEOC Initiatives to Monitor on the Agency’s Silver Anniversary

The U.S. Equal Employment Opportunity Commission (“EEOC”) opened its doors on July 2, 1965, exactly one year after President Lyndon B. Johnson signed the Civil Rights Act of 1964. Title VII of that act (“Title VII”) prohibits...more

What You Need to Know About Accommodating Transgender Employees

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

OSHA’s New Guidance on Transgender Restroom Access: What Employers Need to Know

On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more

OSHA Issues Guidance on Transgender Workers and Workplace Restrooms

For those savvy employers staying ahead of the curve, here’s something new: OSHA has published a “Best Practices” guide addressing restroom access for transgender workers. To be clear, as “guidance,” the OSHA publication is...more

The Transformation of Transgender Rights in the Workplace

Gender transition and transgender identity has taken center stage in the media recently. However, out of the spotlight, the rights of transgender persons may be unclear to many. Transgender persons struggle with difficult...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 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

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