News & Analysis as of

Transgender Discrimination

Baker Donelson

History and Future of the Nation's First Ban on Gender-Affirming Care

Baker Donelson on

Across the United States, there is a trend of state legislatures passing laws that restrict, or even outright prohibit, transgender minors from access to gender-affirming care, including puberty blockers, hormone therapy,...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, Issue 1, May 2024

Welcome to our inaugural issue of The Health Record - our healthcare law insights e-newsletter! As such, we wanted to pull together our insights and pass them along to you. Our goal is to create a publication that is...more

Foley & Lardner LLP

Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

Foley & Lardner LLP on

“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Hall Benefits Law

Court Orders Claims Reprocessing After Finding TPA Illegally Excluded Gender-Affirming Care in Violation of ACA Section 1557

Hall Benefits Law on

A federal district court has awarded injunctive relief, including claims processing, after finding that an insurer acting as a third-party administrator (TPA) for a self-insured plan violated Section 1557 of the Affordable...more

Manatt, Phelps & Phillips, LLP

Seventh Circuit Takes On Religious Discrimination

The Seventh U.S. Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in a religious discrimination case involving a teacher who refused to call transgender students by their chosen names....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Pressed Over Health Plan Coverage of Transgender Treatments for Minors

​​​​​​​Employers are facing increasing - and conflicting - pressures over health plan coverage of puberty-blocking medications used to treat some minors for gender dysphoria. Several states have restricted the use of...more

Constangy, Brooks, Smith & Prophete, LLP

Women’s professional sports leagues take different approaches to transgender inclusion

The leagues are not necessarily of one mind. The participation of transgender and non-binary individuals in competitive sports is a controversial topic. Sports organizations at various levels have struggled to balance...more

Fox Rothschild LLP

Good Cause to Seal Name Change Applications for Transgender Litigants

Fox Rothschild LLP on

Prior to September 1, 2021, name change applications were required to be made public both upon request for inspection (Rules 1:2-1, 1:38-1) and by way of a publication requirement in a newspaper for two (2) weeks specifically...more

Morgan Lewis

UK Employment Appeal Tribunal: ‘Gender-critical’ Beliefs Are Protected Philosophical Beliefs

Morgan Lewis on

The UK’s Employment Appeal Tribunal (EAT) found on 10 June 2021 in Maya Forstater v CGD Europe and others that gender-critical beliefs—including believing that one’s biological sex is immutable and not to be conflated with...more

Jackson Lewis P.C.

School District Sanctioned For Failing To Preserve Evidence After Receiving EEOC Charge

Jackson Lewis P.C. on

A Maryland federal district court’s decision underscores the need to preserve evidence once notified of a potential lawsuit and the significant consequences for not doing so. In Eller v. Prince George’s Cty. Pub. Sch.,...more

Morgan Lewis

Biden Administration Issues Order on Gender Identity and Sexual Orientation

Morgan Lewis on

As one of his first actions in office, President Joe Biden has issued an executive order ensuring that last year’s US Supreme Court decision in Bostock v. Clayton County is applied immediately and efficiently by all federal...more

Nelson Mullins Riley & Scarborough LLP

EducationCounsel Supports Efforts to Protect Rights of Transgender Students Across the Country

Through its long-standing engagement with GLSEN, a national nonprofit dedicated to promoting and supporting LGBTQ+ inclusive schools, EducationCounsel has authored numerous amicus briefs along with Willkie Farr & Gallagher...more

Fox Rothschild LLP

Supreme Court Expands Employment Anti-Discrimination Laws To Protect The LGBTQ Community. Fair Housing Is Likely Next.

Fox Rothschild LLP on

In a decision which will likely expand the scope of the federal Fair Housing Act (FHA) by analogy, the U.S. Supreme Court concluded earlier today that a 1960’s era civil rights statute protects gay and transgender workers. By...more

Parker Poe Adams & Bernstein LLP

U.S. Justice Department Argues Against EEOC Position Protecting Transgender People

Earlier this year, the Equal Employment Opportunity Commission persuaded the Sixth Circuit Court of Appeals that a funeral home’s termination of a transgender employee violated Title VII’s prohibition against sex...more

Obermayer Rebmann Maxwell & Hippel LLP

Jury Okays Firing Transgender Employee for Negative Glassdoor Review

On October 29, 2018, a San Francisco federal jury unanimously found that a Silicon Valley tech company did not commit unlawful retaliation by firing a transgender employee who accused the company of discrimination in a...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Title VII Protects Transgender Employees

On the heels of last week’s Second Circuit decision finding sexual orientation discrimination prohibited under Title VII, on Wednesday, a Sixth Circuit Court of Appeals panel held that Title VII likewise protects transgender...more

Dorsey & Whitney LLP

It May Be A New World For Sexual Harassment, But Many Old Rules Still Apply

Dorsey & Whitney LLP on

In the weeks since allegations began to surface regarding the sexually predatory behavior of movie mogul Harvey Weinstein, sexual harassment allegations (sometimes admitted and sometimes disputed) against powerful, prominent...more

Holland & Knight LLP

New California Labor and Employment Laws for 2018

Holland & Knight LLP on

• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. • Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health and...more

Seyfarth Shaw LLP

Management Alert – The Current Federal Retrenchment on LGBT Rights

Seyfarth Shaw LLP on

Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment....more

FordHarrison

Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

FordHarrison on

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the...more

Davis Wright Tremaine LLP

California’s New Regulations on Gender Identity and Gender Expression

California’s Fair Employment and Housing Act has prohibited discrimination in employment based on “gender identity” and “gender expression,” since 2011, but until now, employers have had little guidance on the practical...more

Ballard Spahr LLP

New California Transgender Regulations: Employer Do's & Don'ts

Ballard Spahr LLP on

California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope...more

Best Best & Krieger LLP

Best in Law: What to do to Comply with Transgender Laws - New California Laws Took Effect July 1

California is continuing to be a leader on emerging civil rights issues. Back in 2004, California enacted laws to protect transgender workers. Transgender issues have become a front-burner topic.   On the national scene,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Apple Metro Restaurant Chain for Sex Discrimination & Retaliation

Employee Was Harassed at Hawthorne Applebee's Because of Her Gender Identity And Fired for Objecting, Federal Agency Charges - NEW YORK - Apple Metro, Inc., which operates several dozen Applebee's Neighborhood Bar & Grill...more

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