News & Analysis as of

Transgender Department of Justice (DOJ) Employer Liability Issues

Nilan Johnson Lewis PA

Reminder to Employers: Transgender Employees may be Entitled to Reasonable Accommodation under the Americans with Disabilities Act

Nilan Johnson Lewis PA on

A recent Statement of Interest filed earlier this week by the Department of Justice in a federal prisoner lawsuit in the United States District Court for the Northern District of Georgia should serve as an important reminder...more

DirectEmployers Association

OFCCP Week In Review: April 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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

Beltway Buzz - August 2019 #4

EEO-1 on Appeal. Earlier this week, the U.S. Department of Justice (DOJ) filed its appeal of the March 4, 2019, district court decision that reinstituted the 2016 EEO-1 wage and hour reporting scheme. The DOJ argued to the...more

Akerman LLP

Episode 25: EEOC Commissioner Chai Feldblum Part II: Other Emerging EEOC Trends + Takeaways

Akerman LLP on

Matt Steinberg welcomes EEOC Commissioner Chai Feldblum for the second half of their wide-ranging conversation where Matt and Commissioner Feldblum discuss federal protection of employment-related LGBT rights, how the DOJ’s...more

Blank Rome LLP

DOJ Reverses Course—Title VII Does Not Cover Gender Identity

Blank Rome LLP on

On October 5, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s (“DOJ”) stance that gender identity is protected as part of the prohibition against “sex” discrimination in Title VII of the Civil Rights...more

Fisher Phillips

Feds Say Title VII Doesn't Cover Transgender Workers

Fisher Phillips on

Attorney General Jeff Sessions formally reversed the federal government’s position on whether transgender workers are covered by Title VII of the Civil Rights Act, informing all U.S. Attorneys and heads of all federal...more

Jackson Lewis P.C.

Department Of Justice Releases Memorandum Restricting Transgender Worker Protection Under Title VII

Jackson Lewis P.C. on

On October 4, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s position that gender identity is protected as part of Title VII of the Civil Rights Act’s prohibition against sex discrimination — taking...more

Parker Poe Adams & Bernstein LLP

Supreme Courts Dismissal of Transgender Discrimination Case Could Affect Employment Discrimination Claims

Earlier this month, the Trump administration withdrew the Department of Justice’s prior position that Title IX of the Civil Rights Act prohibits schools and other covered institutions from discriminating on the basis of...more

Obermayer Rebmann Maxwell & Hippel LLP

Flushed: The Debate Over Bathroom Access Rights for Transgender Employees Continues

America is currently in the midst of a debate over sex segregated public bathrooms and their impact on the bathroom access rights of transgender individuals. Over the past few years, there’s been a wave of state legislation...more

Bradley Arant Boult Cummings LLP

Tale of Several Lawsuits: Filings in North Carolina and Mississippi Regarding Gender Identity Laws

In response to the Department of Justice’s letter last week (see our previous blog post) regarding North Carolina’s HB2 law about transgender bathroom access (among other things), the Governor and Secretary of the Department...more

Bradley Arant Boult Cummings LLP

Are Transgender Individuals Protected Under Title VII’s Ban on Sex Discrimination?

Leyth Jamal, a former employee of the upscale retailer Saks, claims that she was discriminated against because of her transgender status. Jamal v. Saks & Company has sparked a heated debate over whether transgender...more

Pullman & Comley - Labor, Employment and...

Department of Justice To Assert Title VII Protects Transgender Status

In a memorandum dated December 15, 2014, the United States Attorney General has changed the Department of Justice’s (DOJ) position with respect to the protection of transgender status under Title VII. ...more

Cozen O'Connor

If You Haven’t Already, It’s Time to Add Sexual Orientation and Trans-Gender to Your Discrimination Policy

Cozen O'Connor on

On its face, federal law does not list sexual orientation or trans-gender status as protected categories. Some states or cities have passed their own laws offering such protections, leaving a patchwork of laws across the...more

Parker Poe Adams & Bernstein LLP

DOJ Says Gender Identity Discrimination Violates Title VII

Over the past several months, EmployNews reported a growing trend of claims alleging that discrimination on the basis of sexual orientation and transgendered status violates Title VII if the alleged conduct involves gender...more

FordHarrison

DOJ Says Title VII's Sex Discrimination Prohibition Includes Gender Identity

FordHarrison on

U.S. Attorney General Eric Holder has announced that the Department of Justice (DOJ) now takes the position that Title VII's prohibition against sex discrimination includes discrimination based on gender identity, including...more

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