News & Analysis as of

Transgender Employer Liability Issues

Butler Snow LLP

Discriminatory or Just Cheap? Eleventh Circuit Panel Rules that Employer-Sponsored Health Plans Must Cover Gender-Affirming Care;...

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In its 2020 decision in Bostock v. Clayton County, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against employees based on their...more

Bricker Graydon LLP

Summer's Hot Debate: Does a Self-Funded Group Health Plan Cover Gender-Affirming Care?

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As the temperatures continue to rise, regulations and litigation related to employer-sponsored group health plans have followed suit. As these new rules continue to evolve, we are often asked whether a self-insured group...more

Fisher Phillips

Appeals Court Hands Victory to Transgender Employee Seeking Health Benefits: Key Takeaways and 3 Steps Employers Can Take Now

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A federal appeals court recently held that an employer’s health insurance plan wrongly excluded coverage for gender-affirming care in violation of federal civil rights law – offering a warning to employers across the country...more

DirectEmployers Association

OFCCP Week In Review: May 2024 #3

Monday, May 13, 2024: Coalition of 18 Republican States’ Attorney Generals Filed Suit to Challenge EEOC’s Harassment Guidance - A coalition of 18 Republican state attorney generals (“AGs”), led by Tennessee Attorney...more

Foley & Lardner LLP

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

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“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

Jackson Lewis P.C.

Applying Groff, Indiana District Court Rules in Favor of Employer in Religious Accommodation Claim

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Applying the U.S. Supreme Court’s decision in Groff v. DeJoy, which clarified the standard for undue hardship in religious accommodation cases under Title VII of the Civil Rights Act, a federal district court in Indiana...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

Bricker Graydon LLP

EEOC Updates Its Guidance on Workplace Harassment

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The Equal Employment Opportunity Commission (EEOC) hopped on the bandwagon of employment law updates this week by updating its guidance to prevent workplace harassment. This guidance focuses on protecting covered employees...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC Guidance on workplace harassment: What employers need to know

Last fall, I reported on a proposed Enforcement Guidance issued by the Equal Employment Opportunity Commission on workplace harassment. I gave the proposed guidance a good review overall, although I had some disagreements...more

CDF Labor Law LLP

Court Rules Accommodating Religious Request is Undue Hardship

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While diversity enriches the workplace, it can also present challenges for employers striving to create inclusive environments that accommodate everyone’s perspectives. In Kluge v. Brownsburg Community School Corp., a federal...more

Goldberg Segalla

Pennsylvania Federal Court Allows Claims of Sex Discrimination by Cisgender Male to Move Forward

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On April 4, 2024, the Honorable Judge Michael M. Baylson from the Eastern District of Pennsylvania partially granted and partially denied a motion to dismiss filed by a former employee who alleged discrimination by his...more

Littler

British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based on Their Gender Identity...

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In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server’s pronouns, among...more

Ius Laboris

Japan adopts LGBTQ awareness legislation

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In June 2023, the ‘Act on the Promotion of Citizens’ Understanding of Diversity of Sexual Orientation and Gender Identity’ was enacted by the Japanese legislature (the Diet)....more

Constangy, Brooks, Smith & Prophete, LLP

Preferred pronouns and the aging workforce

What takes priority? There was a social media storm this week after a large non-profit organization terminated a volunteer after the volunteer questioned the point of having preferred pronouns in signature blocks. The woman...more

Stark & Stark

EEOC is Cracking Down on Transgender Harassment

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The United States Equal Employment Opportunity Commission (“EEOC”) is cracking down on the discriminatory treatment of transgender employees. Recently, a New York-based pizzeria agreed to pay $25,000 and agreed to other terms...more

Nilan Johnson Lewis PA

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

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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

BCLP

UK HR Two Minute Monthly: December 2023

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Are Transgender Individuals “Women” Under the Equality Act 2010, Bringing New Whistleblowing Claims Already Dismissed and Settled Under a COT3, the Necessity of Early Redundancy Consultation, and a General News Roundup. ...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Akerman LLP - HR Defense

LGBTQ+ Protections, Virtual Harassment, and Social Media Posts: The EEOC Updates Its Harassment Guidance for the 21st Century

The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled “Proposed Enforcement Guidance on Harassment in the Workplace.” The proposed guidance sets...more

Constangy, Brooks, Smith & Prophete, LLP

What's in that new EEOC guidance on workplace harassment?

It's worth a read. The U.S. Equal Employment Opportunity Commission recently released a proposed Enforcement Guidance on Harassment in the Workplace, and it's quite good. Don't let the length intimidate you. If you aren't an...more

Fox Rothschild LLP

In New Workplace Harassment Guidance, EEOC Moves to Broaden Enforcement

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In new draft guidance, the U.S. Equal Employment Opportunity Commission proposes to recognize broad protections for LGBTQ+ employees in the workplace and allow bias claims premised on abortion-related decisions. It also...more

BCLP

UK HR Two Minute Monthly: September 2023

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Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more

Maynard Nexsen

Navigating Transgender Inclusion Issues in the Workplace

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June 15, 2023 marked the three-year anniversary of the United States Supreme Court’s landmark decision in Bostock v. Clayton County, holding that discrimination on the basis of gender identity or sexual orientation is sex...more

BCLP

UK HR Two-Minute Monthly: July 2023

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Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more

Epstein Becker & Green

Supreme Court Declines to Hear Case Regarding Gender Dysphoria’s Status Under the Americans with Disabilities Act

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On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s...more

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