Transgender Equal Employment Opportunity Commission

News & Analysis as of

EEOC Stresses Title VII Bars Discrimination against Transgender Workers, Including Regarding Bathroom Access

The Equal Employment Opportunity Commission’s new fact sheet focuses on bathroom access and reminds employers that discrimination based on transgender status is sex discrimination in violation of Title VII of the Civil Rights...more

EEOC Posts Fact Sheets On LGBT Discrimination, Transgender Issues

The Equal Employment Opportunity Commission has published a new Fact Sheet on LGBT discrimination that employers will find helpful. As I’ve reported before here and here, the agency is taking an aggressive position regarding...more

Special Report: How Should NC Employers Apply Restroom Policies Following HB2?

The Public Facilities Privacy & Security Act, commonly known as HB2, continues to generate controversy and confusion. The new law has caused many employers to reexamine their policies with regard to restroom use by employees...more

EEOC: Bathroom Access Rights Guaranteed By Title VII

Last fall, I raised the issue of bathroom access for employees that corresponds with their gender identity. The issue, however, that seems to get the most press is restroom access....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 Fourth Circuit Court of Appeals Sets Precedent, Undermining Rationale For Anti-Transgender Legislation and Policies

On Tuesday, the Court of Appeals for the Fourth Circuit issued a 2-1 ruling in Grimm v. Gloucester County School Board, No. 15-2056, finding that a transgender student has the right to sue his school board under Title IX for...more

House Bill 2: What It Does and Does Not Do (A Private Sector Business Perspective)

H.B. 2 does not preclude private sector businesses or employers from adopting policies that prohibit discrimination on the basis of sexual orientation or gender identity nor regulate their decisions with regard to employee or...more

HB2 and You: A Short Guide for North Carolina employers

Any North Carolinian not living under a rock has seen or heard something about North Carolina House Bill 2 by now. But what does this law, also known as the Public Facilities Privacy & Security Act, mean for private employers...more

Fourth Circuit Ducks Transgender Discrimination Coverage Under Title VII

In recent months, the Equal Employment Opportunity Commission has stated its position that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation and gender identity or...more

Connecticut District Court Allows Transgender Discrimination Claim to Proceed Under Title VII & CFEPA

In an decision of first impression in Connecticut, a federal court on Friday ruled that a transgender discrimination claim based on a failure to hire can proceed under both Title VII and Connecticut’s counterpart,...more

No Surprise: EEOC files two sexual orientation lawsuits

Last week, the Equal Employment Opportunity Commission filed two lawsuits charging employers with discriminating against employees based upon their sexual orientation. In a Pennsylvania federal court, the EEOC claimed Scott...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

EEOC Files First Suits Against Businesses Alleging Sexual Orientation Discrimination

Previously, federal courts, for the most part, held that Title VII of the Civil Rights Act of 1964, which prohibits discrimination based upon race, color, national origin, religion and sex, does not provide a basis for...more

A Culture of Inclusion: Transgender-Friendly Workplaces on the Rise

American Airlines, The Coca-Cola Co., Humana, Macy’s and Ford. All among the best-known brands in the world, each a stalwart of American business. All of them are among the most transgender-inclusive companies in the country...more

EEOC Provides Transgender Compliance Wish List for Employers

On January 20, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) settled a transgender discrimination and harassment lawsuit against a national employer through a voluntary consent decree. The EEOC brought the...more

Company to Pay $115,000 to Settle Sex Discrimination Suit on Behalf of Transgender Employee

As predicted, the news in the Labor/Employment world continues to center on developments in the area of legal rights for transgender employees. On January 21, the EEOC announced a $115,000 settlement of a complaint against a...more

Employment Law Navigator – Week in Review: January 2016 #4

The U.S. Department of Labor issued its guidance on the joint-employer relationship last week, to much fanfare. The Administrator’s Interpretation takes a strikingly similar approach to that of the National Labor Relations...more

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

Transgender Roadmap: 10 Steps The EEOC Thinks Employers Should Take

Law360 reported yesterday morning that the Equal Employment Opportunity Commission settled a transgender discrimination and harassment lawsuit (not our Detroit-area funeral home case). Although the employer entered into the...more

Deluxe Financial to Settle Sex Discrimination Suit on Behalf of Transgender Employee

Company to Pay $115,000 and Change its Practices Following EEOC Lawsuit - PAUL, Minn. - Deluxe Financial Services Corp. (Deluxe), a Shoreview, Minn.-based check-printing and financial services corporation, has agreed to...more

Five Suggestions to Create a Transgender-Inclusive Workplace

To get ahead of the curve, employers should start adopting more inclusive policies aimed at accommodating transgender employees. To date, 19 states and the District of Columbia have adopted laws prohibiting discrimination in...more

Employment Law - January 2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

2015’s Top 5 Most Intriguing Decisions In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)

We are pleased to offer our loyal blog readers our analysis of the five most intriguing decisions in 2015 relative to EEOC lawsuits, along with a pre-publication preview of our annual report on developments and trends in...more

Transgender Rights on the Front Page: A Continuing Conversation

A transgendered woman recently filed a complaint with the EEOC against one of the largest health care providers in the nation, and commenced a federal lawsuit alleging sex discrimination in violation of Title VII and sought...more

Implications for Employers In Navigating Transgender Employee Requests For Access To Employer Facilities

A transgender woman filed a complaint last week against a large healthcare employer alleging sex discrimination in violation of Title VII. The complainant seeks, among other things, a permanent injunction against the...more

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