Transgender Gender Identity

News & Analysis as of

Uncertainty Surrounding Gender Identity and Sexual Orientation Discrimination and Steps Employers Should Take

In the current legal landscape, the scope of laws prohibiting sex discrimination remains uncertain, especially because the Supreme Court has yet to take up the issue as it relates to LGBT rights. Most recently, the high...more

Shifting sands: the changing landscape of transgender discrimination

Laws related to transgender discrimination are in a state of rapid flux. In the past couple of years, courts’ views on the law, particularly federal ones, have swung back and forth like a pendulum. Indeed, the interpretation...more

Dressing for Work in California this Summer

Seyfarth Synopsis: With summer months almost upon us, here are some dress code tips and tricks for employers to ensure both employee compliance with relaxed summer dress codes and increased employee motivation and morale. We...more

Eleventh Circuit Court of Appeals Decision Lends Further Confusion to Title VII Protections

In a rather disconnected decision on March 10, the United States Court of Appeals for the 11th Circuit ruled, in the case of Evans v. Georgia Regional Hospital, that while Title VII bars an employer from discriminating...more

Dear Littler: How Should I Handle Customer Concerns about a Transgender Employee?

Dear Littler: We have a transgender employee at work, Sarah, who identifies and presents as a female. She is in the process of transitioning and still occasionally exhibits traditionally “male” physical attributes. A client...more

Texas Spotlights Transgender Athlete Issues as Bill Progresses in Legislature

The Texas University Interscholastic League’s constitution requires that student-athletes compete according to the gender on their birth certificate. In February, a 17-year-old transgender male was required to wrestle against...more

California Businesses To Provide Neutral Restrooms So All Genders Can Do Their Business

In California, all business establishments, places of public accommodation, or government agencies with single-occupancy restrooms are now required to identify such toilet facilities as all-gender restrooms. In September...more

Single-User Restrooms in California Must Be Designated As All-Gender

Effective March 1, 2017, under a new law known the Equal Restroom Access Act, California businesses that have single-user restrooms are required to designate such restrooms as all-gender and must post appropriate accessible...more

Supreme Court Update: Gloucester County School Board V. G.G. (16-273), Peña-Rodriguez V. Colorado (15-606), And Beckles V. United...

The Court kicked off the week with a flurry of activity in criminal cases, issuing a landmark Sixth Amendment ruling, another decision closing the door on vagueness challenges to the Sentencing Guidelines, a per curiam...more

Supreme Court Steps Back, Punts on Student Transgender Bathroom Access Case for Now

When the United States Supreme Court agreed last October to hear the appeal of the Gloucester County School Board from the United States Court of Appeals for the Fourth Circuit in the matter of Gloucester County School Board...more

Supreme Court Remands Transgender Rights Case to Court of Appeals After Trump Administration Withdraws Obama Era Guidance

Seyfarth Synopsis: On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights of...more

SCOTUS, New Dear Colleague Letter Muddle Transgender Issues Under Title IX

The U.S. Departments of Justice and Education have withdrawn existing guidance on transgender students and issued a new Dear Colleague Letter calling into question whether Title IX requires that schools permit students to use...more

Supreme Cout Leaves Transgender Bathroom Issue Unresolved

Gavin Grimm is a transgender boy living in Virginia. Grimm attends school in the Gloucester County School District, which adopted a new policy requiring students to use the bathroom of their birth gender. Previously, Grimm...more

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

School Districts: U.S. Supreme Court Remands Transgender Case Back to Lower Court (3/17)

On March 6, 2017, the U.S. Supreme Court vacated the Fourth Circuit Court of Appeals’ judgment in the case of Gavin Grimm, a 17-year-old transgender student from Virginia who sought to use the bathroom that corresponds with...more

Supreme Court Remands Transgender Rights Case to Lower Court

Over the past year, the U.S. Department of Education’s directives concerning the rights of transgender students under Title IX have changed course, muddying the collective understanding of how federal agencies interpret Title...more

The Supreme Court Will Not Hear Landmark Transgender Student Case

The wait for a final resolution of the legal issues surrounding transgender students will be extended as the result of a decision yesterday by the United State Supreme Court in the landmark case, Gloucester County School Bd....more

Supreme Court Returns Transgender Bathroom Case to Lower Court

Today the U.S. Supreme Court announced that it would not entertain arguments in GG v. Gloucester County School Board, a case that would have been the Court’s first significant opportunity to weigh in on gender identity...more

Title IX Update - March 2017

Rescission of Previous Administration’s Guidance Relating to Transgender Students - On February 22, 2017, the U.S. Department of Justice and U.S. Department of Education released a Dear Colleague Letter rescinding the...more

Supreme Court Remands Gloucester County School Board v. G.G., Will Not Hear Transgender Student’s Case

The Supreme Court will not review the Fourth Circuit’s decision in Gloucester County School Board v. G.G. despite agreeing in October 2016 to do so. The Fourth Circuit’s decision in favor of G.G., a transgender Virginia high...more

Reading the (Bathroom) Signs

Under prior law, single-user restrooms were permitted to be designated as either for men only, for women only or for all genders. That is about to change. ...more

DOE and DOJ Withdrawl of “Dear Colleague” Letter Leaves FERPA’s Guidance Unresolved

On February 22, 2017, the Department of Justice (DOJ) and Department of Education (DOE) withdrew their May 13, 2016 “Dear Colleague” letter that provided guidance on steps to protect transgender students under Title IX of the...more

The Future of Title IX Enforcement and Gender Identity

The evolving field of enforcement of Title IX matters took another turn last week. On February 22, 2017, the Department of Education and Department of Justice, under the direction of the new Administration, together...more

Is Title IX Guidance and Enforcement About to Change?

On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more

California Adopts Broad Gender-Neutral Bathroom Rules–Signage Rules Expand Beyond ADA Concerns

Effective March 1, California’s Equal Restroom Access Act (ERAA) will require some single-occupancy restrooms to have signs indicating they are gender-neutral....more

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