Transgender Title VII

News & Analysis as of

Transgender Employee Bathroom Use

Ah, the bathroom. A place of relief and solitude for many, but for the last six weeks, it has been the focus of controversy. North Carolina now requires that people only use restrooms designated for the gender that appears...more

EEOC Issues Fact Sheet on Transgender Restroom Access

On Monday, May 2nd, 2016, the EEOC issued a fact sheet entitled “Fact Sheet: Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964.” The fact sheet comports with the agency’s stance...more

Suing Not Too Wisely

Seyfarth Synopsis: A district court in Minnesota recently found an employee could not challenge a plan’s blanket transgender exclusion under Title VII, when the employee was not transgender but her son was. The Court went on...more

Transgender Rights In the News

Almost every day the news has some new legal development involving the rights of LGBT employees. We already reported on the litigation heating up between North Carolina and the DOJ concerning that state’s now infamous...more

The U.S. Department of Justice and North Carolina Face Off On Transgender Rights

On Monday, the U.S. Department of Justice and the State of North Carolina exchanged federal law suits concerning the legality of a recently enacted North Carolina law known as “H.B. 2”. The law requires public agencies in...more

Flushed: The Debate Over Bathroom Access Rights for Transgender Employees Continues

America is currently in the midst of a debate over sex segregated public bathrooms and their impact on the bathroom access rights of transgender individuals. Over the past few years, there’s been a wave of state legislation...more

Federalism and LGBT Rights in North Carolina: Which Sovereign Has the Final Say?

Prior posts on this blog have discussed recent conflicts in Alabama and Mississippi that frame our country’s ongoing efforts to define the scope of federalism. Now, North Carolina has become the newest front in the fight to...more

EEOC Serves Notice Regarding Transgender Employees Bathroom Access Rights

In the midst of all the media coverage surrounding transgender bathroom policies, the Equal Employment Opportunity Commission (EEOC) has recently put employers on notice of its position that denying an employee access to a...more

EEOC Weighs-In on Restroom Access Rights for Transgender Employees

The Fact Sheet explains the EEOC’s position that, under Title VII of the Civil Rights Act of 1964 (Title VII), restricting a transgender employee’s access to restrooms that is not consistent with the employee’s gender...more

Tale of Several Lawsuits: Filings in North Carolina and Mississippi Regarding Gender Identity Laws

In response to the Department of Justice’s letter last week (see our previous blog post) regarding North Carolina’s HB2 law about transgender bathroom access (among other things), the Governor and Secretary of the Department...more

EEOC issues bathroom guidelines for transgender employees

Last summer the Occupational Safety and Health Administration (OSHA) released its “Best Practices: A Guide to Restroom Access for Transgender Workers.” In a nutshell, the OSHA publication stated that transgender employees...more

Employment Law Navigator – Week in Review: May 2016 #2

Last week, the EEOC continued its efforts to include sexual orientation and gender identity as forms of prohibited sex discrimination under Title VII. The agency obtained a $140,000 settlement from a technology company that...more

EEOC Issues Fact Sheet on Transgender Employee Bathroom Access

As transgender bathroom access legislation continues to generate controversy across the U.S., the Equal Employment Opportunity Commission issued a new Fact Sheet unequivocally stating its position with regard to restroom use...more

EEOC Announces Six-Figure Transgender Discrimination Settlement

The onslaught of news stories about "bathroom bills" has thrust issues facing transgender people into the national spotlight, but do you know what rights are afforded to transgender people in the workplace? Employers should...more

Tit For Tat: Feds Sue North Carolina Over HB 2

Attached is a copy of the U.S. Department of Justice lawsuit filed yesterday afternoon against the State of North Carolina. The McCrory (North Carolina) v. USA lawsuit is pending in federal court in the Eastern District of...more

OSHA, EEOC and the Dept. of Justice Weigh In On Transgender Rights in the Workplace

In the last few months, hardly a day has gone by without some news regarding transgender bathroom access. Perhaps the catalyst for the increased attention on this issue was North Carolina’s passage of its controversial H.B....more

EEOC: Denial of Transgender Employees' Access to a Common Restroom Violates Title VII

Last week, the Equal Employment Opportunity Commission (EEOC) issued a "Fact Sheet” setting forth its position that denying an employee equal access to a common (i.e., multi-user) restroom corresponding to the employee's...more

EEOC Acts Again on LGBT Rights

The EEOC has again taken the reins on LGBT rights by issuing some “Bathroom” guidance, giving employers a further strong indication of where the agency is leaning when it comes to enforcement of LGBT rights in the...more

Ellucian to Pay $140,000 to Resolve Discrimination against Transgender Employee

Higher Education Technology Services Company Unlawfully Removed Employee From Her Position After She Revealed her Gender Transition - MINNEAPOLIS -- Ellucian, a higher education technology services company with...more

Get Ready to Rumble—DOJ Alerts North Carolina Governor that New Bathroom Law Violates Federal Statutes

The head of the federal Justice Department’s Civil Rights Division wrote to North Carolina Governor Pat McCrory that HB2 (see our previous blog posts about HB2 here and here), a law banning public agencies from allowing...more

EEOC and OSHA Provide Guidance to Employers on Transgender Rights in the Workplace

In the last few months, hardly a day has gone by without some news regarding transgender bathroom access. Perhaps the catalyst for the increased attention on this issue was North Carolina’s passage of its controversial H.B....more

Department of Justice Warns Governor that North Carolina LGBT Law is Unlawful

North Carolina’s law restricting access to restrooms based on an individual’s sex assigned at birth and not based on an individual’s consistent gender identity violates both Title VII of the Civil Rights Act and Title IX of...more

Where Do I Pee? “The Bathroom Corresponding to Your Gender Identity Says the EEOC

Bathroom use by transgender individuals is today’s hot-button civil rights issue. The often strong and disparate opinions about the subject creates a conundrum for employers: How do we make everyone comfortable while...more

U.S. Department Of Justice Threatens NC Over HB 2

The U.S. Department of Justice sent a letter yesterday to Gov. Pat McCrory, giving him until Monday, May 9, to “confirm” that he does not plan to enforce the “bathroom” provisions of HB 2 as they apply to public agencies. If...more

EEOC Stresses Title VII Bars Discrimination against Transgender Workers, Including Regarding Bathroom Access

The Equal Employment Opportunity Commission’s new fact sheet focuses on bathroom access and reminds employers that discrimination based on transgender status is sex discrimination in violation of Title VII of the Civil Rights...more

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