Transgender Dress Codes

News & Analysis as of

Hairstyle Is Not a Protected Category but Sexual Orientation Likely Is

Several recent decisions have opened the door to further scrutiny regarding discrimination and the basis for a finding of discriminatory conduct by an employer. These decisions continue to show the volatility of...more

The EEOC’s Defeat In Detroit: Pants, Skirts, Gender Identity, And Religion

Last week, I reported that summary judgment was granted against the Equal Employment Opportunity Commission in its transgender discrimination lawsuit against R.G. and G.R. Harris Funeral Homes, linked to the decision (but...more

EEOC Loses Landmark Transgender Discrimination Case

Seyfarth Synopsis: In one of the first two ever transgender discrimination cases brought by the EEOC, a federal court in Michigan granted the employer’s motion for summary judgment, finding the employer met its burden in...more

Employment Law - June 2016 #3

LA Doubles Down on Sick Leave, Minimum Wage Increase - Why it matters - Already facing new California employment-related requirements—including the adoption of mandatory sick leave and an uptick in the minimum...more

California’s New Guidance & FAQs for Employers of Transgender Employees

On February 17, 2016, the California Department of Fair Employment and Housing (DFEH) announced that it was issuing a guidance on how to comply with the Fair Employment and Housing Act (FEHA), which was geared toward...more

The New California Regulations, Part II: The Transgender Workforce

The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more

DFEH Releases New Guidance Regarding Transgender Employees

The Department of Fair Employment and Housing (“DFEH”) recently issued new guidance for employers to prevent discrimination against transgender employees, who are protected under California’s Fair Employment & Housing Act...more

DFEH Issues Guidelines Regarding Transgender Employees

On February 17, 2016, the California Department of Fair Employment and Housing (“DFEH”) issued guidelines on transgender employee rights. These guidelines address what questions employers can ask transgender employees (during...more

NYC Offers Guidance on Avoiding Discrimination Based on Gender Identity

The guidance may help employers nationally comply with the trend toward protecting transgender individuals’ rights. Despite their increasingly positive representation in US media and culture (e.g., Caitlyn Jenner and the...more

The NYC Commission on Human Rights Issues Sweeping Guidance Related to its Long-Standing Gender Discrimination Prohibition

On December 21, 2015, the New York City Commission on Human Rights (the “Commission”) issued enforcement guidance (the “Guidance”) regarding discrimination on the basis of gender identity or expression. The Guidance explains...more

NYC Human Rights Commission Takes Expansive View of Gender ID Discrimination

The New York City Commission on Human Rights has just released a Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Gender Identity or Expression. The Guidance defines eight categories of discriminatory...more

NYC Commission on Human Rights Issues Guidelines on Transgender Discrimination

On December 21, 2015, the New York City Commission on Human Rights issued new enforcement guidelines regarding discrimination on the basis of gender identity or expression. While the City Council added transgender protections...more

New York City Commission on Human Rights Releases Enforcement Guidance on Gender Identity and Expression Discrimination (NYC...

New York City is finishing off a strong year on the employment law front. Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks. It also passed a law requiring employers to...more

Ending the Year With A Bang: NYC Bans “Caregiver” Discrimination and Issues Sweeping Gender Identity/Expression Discrimination...

So much for a quiet year-end for New York City employers. In the final weeks of 2015, NYC government officials took two actions that will have a significant impact on the city’s business community, first passing a bill...more

Court Allows EEOC to Join Transgender / Sex Discrimination Lawsuit against First Tower Loan

Lake Charles Location Terminated Employee Because of Transgender Status, Commission Charges - NEW ORLEANS - Mississippi-based First Tower Loan, LLC violated federal law by firing a Lake Charles, La., manager-trainee...more

Fenwick Employment Brief - June 2015

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation - Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to...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

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