Transgender Gender Identity

News & Analysis as of

Transgender at Work: How Employers Can Stay Off the EEOC Radar Screen

It’s no secret that the EEOC—and even some courts—read Title VII to prohibit discrimination against transgender employees. A growing number of state and city laws also specifically include gender identity and/or expression as...more

OSHA Issues Guidance Regarding Transgender Employees

As transgender issues seem to dominate the headlines, another federal agency has stepped into the debate. Last week, the Occupational Health and Safety Administration (OSHA) issued guidance strongly urging employers to give...more

What You Need to Know About Accommodating Transgender Employees

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

OSHA Publishes Guidance Regarding Restroom Access for Transgender Employees

On June 1, 2015, the United States Occupational Safety and Health Administration (“OSHA”) published A Guide to Restroom Access for Transgender Workers. OSHA stated that the “core principle” of the Guide is as follows: “All...more

OSHA’s New Guidance on Transgender Restroom Access: What Employers Need to Know

On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more

The Transformation of Transgender Rights in the Workplace

Gender transition and transgender identity has taken center stage in the media recently. However, out of the spotlight, the rights of transgender persons may be unclear to many. Transgender persons struggle with difficult...more

OSHA Publishes Guide to Restroom Access for Transgender Workers

On June 1, 2015, OSHA published a Guide to Restroom Access for Transgender Workers. The publication provides guidance to employers on best practices for restroom access for transgender workers. The agency has estimated that...more

Agencies Release Guide on LGBT Discrimination Protections for Federal Workers

WASHINGTON, D.C. - Today, four Federal Government agencies with roles in ensuring fairness in the federal workplace released a guide on the rights and processes available to applicants and employees who allege sexual...more

More than Just a TV Show: How Bruce Jenner’s Story Sheds Light on the Importance of Workplace Policies for Transgender Employees

Last month in a nationally televised interview, U.S. Olympic icon Bruce Jenner revealed to the world that he is a transgender woman. While the coming out process for the rest of the nearly 700,000 transgender Americans may...more

EEOC Will Now Process Sexual Orientation Discrimination Claims

On February 3rd, the Equal Employment Opportunity Commission released an internal memorandum stating that the EEOC will now process and investigate claims of discrimination based on sexual orientation, transgender status, and...more

EEOC Settles Landmark Transgender Discrimination Case

An historic Equal Employment Opportunity Commission (EEOC) settlement was approved by the U.S. District Court in Tampa, Florida, on April 9, 2015. The suit was one of only two gender-identity discrimination claims ever filed...more

Federal Government Files ‘Statement of Interest’ In Gender-Identity Case

In recent years, there have been increasing concerns involving discrimination faced by the transgender community. Not surprisingly, these concerns have centered on the challenges faced by gender non-conforming students and...more

One Of EEOC’s First Transgender Lawsuits Has Settled

The EEOC announced this week that one of the lawsuits — against Lakeland Eye Clinic of Florida — has settled. The Clinic has agreed to make two payments of $75,000 to Brandi Branson, who had been the Clinic’s Director of...more

Transgender Litigant Challenges Exclusion of "Gender Identity Disorder" in Americans with Disabilities Act

The Americans with Disabilities Act, 42 U.S.C. § 12191, et seq. ("ADA"), expressly excludes from its protections individuals whose gender identity disorder is not the result of a physical impairment. The so-called "GID...more

U.S. Army Loses Battle to Regulate Bathroom Selection of Transgender (Civilian) Employee

On April 1, 2015, the EEOC ordered the Army to pay damages for discriminating against a transgender employee when it prevented her from using the common women’s bathroom and routinely demeaned her by calling her “sir” and...more

Lakeland Eye Clinic Pagará $150,000 Para Resolver Demanda Por Discriminación Transgenero/Sexual

Clínica Acordó en Implementar Nueva Política Contra la Discriminación a Base de Identidad de Género - TAMPA, Fla. - Lakeland Eye Clinic, una organización de profesionales de salud con sede en Lakeland, Fla, pagará...more

Lakeland Eye Clinic will Pay $150,000 to Resolve Transgender / Sex Discrimination Lawsuit

Clinic Agrees to Implement New Gender Identity Anti-Discrimination Policy - TAMPA, Fla. - Lakeland Eye Clinic, a Lakeland, Fla.-based organization of health care professionals, will pay $150,000 to settle one of the...more

Justice Department Files Lawsuit Alleging that Southeastern Oklahoma State University Discriminated Against Transgender Woman

WASHINGTON - The Justice Department announced today the filing of a lawsuit against Southeastern Oklahoma State University (Southeastern) and the Regional University System of Oklahoma (RUSO) for violating Title VII of the...more

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

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