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Avoid Being the Test Case for Gender Identity Discrimination

A former sales associate at Saks Fifth Avenue’s Houston, Texas store recently filed suit in federal court claiming discrimination based on her gender identity. Leyth Jamal is a transgender individual who identifies as a...more

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

Can Saks Fifth Avenue Legally Discriminate Against Transgender Employees?

Saks Fifth Avenue’s latest fashion trend is receiving mixed reviews from critics across the nation. According to a discrimination and retaliation complaint filed in the U.S. District Court for the Southern District of...more

EEOC Files Landmark Suits Challenging Transgender Discrimination Under Title VII

For years, it has been widely understood that federal law prohibits employers from making decisions on the basis of certain protected characteristics, such as race, religion, or sex. Historically, the inclusion of “sex” in...more

Department of Justice Switches Sides: Title VII Now Prohibits Transgender Discrimination

On December 18, 2014, Attorney General Eric Holder, in an unanticipated move, revised the Department of Justice’s (“DOJ”) interpretation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”),...more

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

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

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

EEOC Sues Two Employers for Terminating Transgendered Employees

Last week, the Equal Employment Opportunity Commission filed two potentially landmark lawsuits against employers accused of terminating employees undergoing gender reassignment procedures. The EEOC alleges that the...more

EEOC Trying to Change the “Status” for Transgendered Employees

On September 25, 2014, the EEOC filed lawsuits in Florida and Michigan accusing employers of discriminating against transgendered employees. These are the first two cases ever filed seeking to protect transgender workers...more

EEOC Sues Lakeland Eye Clinic for Sex Discrimination Against Transgender Employee

Lawsuit Is One of Two the Agency Filed Today - the First Suits in Its History - Challenging Transgender Discrimination Under 1964 Civil Rights Act - TAMPA, Fla. - Lakeland Eye Clinic, a Lakeland, Fla.-based...more

Yes, employers, you can win a transgender discrimination suit

A recent decision from a federal court in Georgia provides an excellent illustration about how employers can win summary judgment (dismissal before a jury trial) even in cases as sensitive as those alleging discrimination...more

Let’s Talk About Sex: U.S. Department of Labor Targets Transgender & Gender Identity Discrimination

On Tuesday, August 19, 2014, the U.S. Department of Labor issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex... includes discrimination on the bases of gender identity and...more

DOL Issues Directive on Gender Identity and Transgender Status

The U.S. Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP)—which enforces anti-discrimination and affirmative action laws affecting government contractors and subcontractors—has issued...more

OFCCP’s Newest Directive: Gender Identity and Sex Discrimination

The stated purpose of the Office of Federal Contract Compliance Programs’ (OFCCP) August 19, 2014 Directive 2014-02 is to make clear that discrimination “based on sex” includes discrimination on the bases of gender identity...more

OFCCP Issues Directive Addressing Gender Identity and Transgender Bias

Earlier this week the Office of Federal Contract Compliance Programs (OFCCP) issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex... includes discrimination on the bases of gender...more

President Expands OFCCP Jurisdiction to Investigating Discrimination Based on Sexual Orientation and Gender Identity

Effective immediately, federal contractors, including construction employers working on federally-funded construction projects, and federal government employers are prohibited from discriminating against applicants and...more

Labor Department Adds Gender Identity and Transgender Status to Prohibition on Sex Discrimination

On August 19, 2014, the Department of Labor issued a guidance advising that it will consider cases of discrimination based upon gender identity and transgender status to be violations of Title VII of the Civil Rights Act and...more

Butler Snow: Workplace Vol. 2014 No. 1

Senate Bill 815, referred to as the “Employment Non-Discrimination Act of 2013” (ENDA), passed the Senate on November 7, 2013. The bill had bipartisan support with 64 Senators (10 Republican) voting in favor and 32 opposing...more

Transgender Rights: A New Area of Focus for Employers

Currently, there is no explicit federal protection for sexual orientation, gender identity, or expression* but that may change soon. On November 7, 2013, the Senate passed the Employment Non-Discrimination Act of 2013 (ENDA)...more

Ze’s Struggles as an Immigrant Detainee

Since the birth of America, our nation has been known for being a culturally diverse society that welcomes people from everywhere in the world, regardless of race, creed, and background. Given the importance that has been...more

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