News & Analysis as of

Transgender Sexual Orientation Discrimination

What’s in a name? A battle for a transgender immigrant’s rights

While the United States continues to grapple with transgender rights—including the right to restroom access—transgender individuals across the globe often face severe persecution and torture on account of their gender...more

Seventh Circuit Rules Title VII Bars Sexual Orientation Discrimination, Creating Circuit Split and Setting Stage for Likely...

In a landmark en banc decision rejecting its earlier panel ruling, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that Title VII of the 1964 Civil Rights Act prohibits...more

The 7th Circuit's Landmark Anti-Gay Discrimination Ruling

by Payne & Fears on

On April 4, 2017, an en banc decision in Hively v. Ivy Tech Community College, the Seventh Circuit became the first federal Court of Appeals to hold that Title VII of the Civil Rights Act of 1964 prohibits discrimination on...more

Circuit Split on Sexual Orientation Discrimination

Earlier this week, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that workplace discrimination on the basis of sexual orientation is unlawful under Title VII of the Civil...more

Can Employers Discriminate Against Employees Based on Sexual Orientation? No, According to this Key Court

by Zuckerman Spaeder LLP on

Federal law—specifically, Title VII of the Civil Rights Act of 1964—prohibits employers from discriminating against employees based on a number of protected characteristics, including sex, race, national origin, and...more

Federal Appeals Court Rules Sexual Orientation Is Protected Class

In a significant decision that expands the rights of employees, the U.S. Court of Appeals for the Seventh Circuit ruled on April 4, 2017 that discrimination on the basis of sexual orientation is a form of sex discrimination...more

Seventh Circuit Becomes First Federal Court of Appeals to Hold That Sexual Orientation Discrimination Is Prohibited Under Title...

In an 8-3 en banc decision in Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit has held that discrimination based on sexual orientation is a form of sex discrimination under Title VII. In so holding, the...more

Landmark Appeals Court Ruling Extends Title VII Protections To LGBT Employees

by Fisher Phillips on

Groundbreaking Decision Could Lead Other Federal Courts To Follow Suit - This week, the 7th Circuit Court of Appeals became the first federal court of appeals in the nation to rule that sexual orientation claims are...more

Seventh Circuit Recognizes Sexual Orientation Discrimination Under Title VII

by Holland & Knight LLP on

In a landmark decision issued on April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit held in Hively v. Ivy Tech Community College of Indiana, No. 15-1720 (en banc) that discrimination in employment based on one's...more

North Carolina Enacts Law Repealing "Bathroom" Bill But Limiting Local Anti-Discrimination Laws

by Littler on

Last week, North Carolina lawmakers repealed the state’s controversial House Bill 2 (“HB 2”), which had required individuals to use the public bathroom that corresponds with the sex on their birth certificate, along with...more

North Carolina’s Bathroom Law Gets Flushed: What Employers Need To Know

by Fisher Phillips on

Last week, North Carolina’s controversial “bathroom law” was repealed – but not without further controversy. When Governor Roy Cooper signed legislation repealing the law on March 29, 2017, many were upset that the law was...more

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

by FordHarrison on

As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more

Sexual Orientation Discrimination Illegal

by Sherman & Howard L.L.C. on

The Seventh Circuit Court of Appeals is the first federal appellate court in the country to rule that Title VII already protects employees from discrimination because of sexual orientation. In every other case that has...more

Texas' Pending LGBT-Related Legislation: What it Means for Employers

by FordHarrison on

Issues pertaining to LGBT rights have been a focal point of public debate and discourse for several years, but since the U.S. Supreme Court’s decision in Obergefell v. Hodges, these issues increasingly have also been the...more

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

by Conn Maciel Carey LLP on

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

by Kirton McConkie PC on

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

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

by Bowditch & Dewey on

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?

by Littler on

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

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

by FordHarrison on

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

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

by Seyfarth Shaw LLP on

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

by Ballard Spahr LLP on

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

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

Is Title IX Guidance and Enforcement About to Change?

by Pepper Hamilton LLP on

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

Trump Administration’s Position on Transgender Rights Not Likely To Impact Employers

by Dorsey & Whitney LLP on

President Trump’s administration rescinded the Obama administration’s directive that allowed transgender public school students to use the bathroom matching their gender identity and also declared that discrimination against...more

Leaked Draft Executive Order to Respect Religious Freedom Disrespects the LGBTQ Community

by Bowditch & Dewey on

Last summer, Donald Trump received recognition for being the first Republican presidential nominee to mention the LGBTQ community in his acceptance speech. If you didn’t actually listen to his speech or read the transcript,...more

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