News & Analysis as of

Transgender Title VII Gender Discrimination

Constangy, Brooks, Smith & Prophete, LLP

Reverse gender identity discrimination? Yes, it's a thing.

What's good for the goose . . . A person who is discriminated against for not being transgender can have a valid claim under Title VII for “sex” (really, gender identity) discrimination. In McCreary v. Adult World, Inc., a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Sis-Bro, Inc. for Gender Identity Discrimination and Harassment

Hog Farm Owner and Employees Harassed Transgender Employee, Federal Agency Charges - CHICAGO – Sis-Bro, Inc., a hog farm in New Athens, Illinois, violated federal law when it allowed an employee to be harassed because of...more

Akerman LLP - HR Defense

LGBTQ+ Protections, Virtual Harassment, and Social Media Posts: The EEOC Updates Its Harassment Guidance for the 21st Century

The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled “Proposed Enforcement Guidance on Harassment in the Workplace.” The proposed guidance sets...more

Seyfarth Shaw LLP

Pride Month Message From EEOC Chair Highlights Continuing Impact of the Bostock Decision

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 15, 2023, the EEOC issued a message from its Chair, Charlotte A. Burrows, for Pride Month that, among other things, highlighted the continuing impact of the Supreme Court’s seminal decision in...more

U.S. Equal Employment Opportunity Commission...

EEOC to Add Non-Binary Gender Option to Discrimination Charge Intake Process

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it will promote greater equity and inclusion for members of the LGBTQI+ community by giving individuals the option to select a...more

Franczek P.C.

Supreme Court Asked to Give Schools Much-Needed Guidance on Title IX and Transgender Rights

Franczek P.C. on

We have been speculating for quite some time now about what the U.S. Supreme Court will do with Title IX after its decision last term in Bostock v. Clayton County, Georgia. The landmark Bostock decision held that Title VII of...more

Obermayer Rebmann Maxwell & Hippel LLP

Biden Expands Protections for LGBTQ Americans

Shortly after the election, we published a blog entitled discussing then-President-Elect Joe Biden’s vow to make passage of the Equality Act (prohibiting most forms of discrimination based on sexual orientation and gender...more

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

Fisher Phillips on

In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...more

Fisher Phillips

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

Fisher Phillips on

You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Fisher Phillips

An Update On Nonbinary Gender Designations In The Workplace

Fisher Phillips on

An increasing number of employees identify their gender as nonbinary. “Nonbinary” includes people who do not identify their gender within the binary of male or female. Nonbinary identification and expression may include...more

Constangy, Brooks, Smith & Prophete, LLP

Plaintiff In Landmark Title VII Transgender-Rights Case Dies

The case will go on. And we should be getting a decision from the U.S. Supreme Court very soon. Aimee Stephens, the individual plaintiff/intervenor in R.G. & G.R. Harris Funeral Homes v. EEOC, died yesterday of kidney...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

SCOTUS Hears Arguments on Scope Discrimination Because of Sex Under Title VII

On October 8, 2019, the Supreme Court of the United States heard oral argument on one core question: does the prohibition on discrimination “because of...sex” in Title VII of the Civil Rights Act of 1964 include...more

Parker Poe Adams & Bernstein LLP

Occasional Use of Wrong Pronouns Does Not Create Harassment Claim for Transgender Employee

Employees who transition genders may ask their employer and co-workers to begin addressing them with names and pronouns associated with that different gender. On September 17, a federal district court in Maryland (which,...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] SCOTUS Wrapup and Preview 2019

In our second annual SCOTUS review, Akin Gump Supreme Court and appellate practice co-head Pratik Shah analyzes the Court’s previous Term and previews the new Term. Among the topics covered: • SCOTUS decisions on census...more

Littler

HHS Proposed Regulations Remove Protections from the Affordable Care Act for Transgender Patients

Littler on

On May 24, 2019, the U.S. Department of Health and Human Services (HHS) issued new proposed regulations interpreting Section 1557 of the Affordable Care Act (ACA), which contains the ACA’s anti-discrimination provisions....more

FordHarrison

Gender Identity Complexity: From the Olympics to the Workplace

FordHarrison on

Olympic runner Caster Semenya, a woman by her own identification, was born with a unique body. While outwardly female, her body produces an excess of testosterone compared with other women. Olympic authorities have at times...more

Mintz - Employment Viewpoints

Supreme Court Will Decide Whether Sex Discrimination Under Title VII Includes Sexual Orientation and Gender Identity...

On April 23, 2019, the United States Supreme Court decided that it will hear three cases in its next term, which, taken together, will test the textual boundaries of Title VII with respect to the meaning of sex...more

Hogan Lovells

What New York Employers Should Know Regarding the Rights of Transgender Employees

Hogan Lovells on

About 1.4 million Americans recognize themselves – surgically or otherwise – as a gender other than the one they were born into....more

Cozen O'Connor

Lower Court Split Means Supreme Court Could Rule On Rights Of Gay And Transgender Employees

Cozen O'Connor on

According to a Supreme Court brief filed by the U.S. Department of Justice (DOJ), federal law allows employers in the United States to purposefully discriminate against employees based on their gender identity. In other...more

Akerman LLP - HR Defense

DOJ Contradicts EEOC over Title VII’s Applicability to Transgender Employees

Akerman LLP - HR Defense on

The Department of Justice is now squarely at odds with the Equal Employment Opportunities Commission over whether Title VII’s prohibition on sex discrimination also applies to discrimination against transgender employees. ...more

Ballard Spahr LLP

What Remedy for Transgender Students if HHS Succeeds in Narrowly Redefining Gender Under Title IX?

Ballard Spahr LLP on

The U.S. Department of Health and Human Services (HHS) recently revealed the agency's proposal to narrow the legal definition of sex under Title IX, the federal civil rights law that bans discrimination based on sex in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

National Coming Out Day: The Legal Pipeline Continues to Flow for LGBTQ Employees

An estimated 9 million adults in the United States are lesbian, gay, bisexual, or transgender. Eighty-seven percent of U.S. residents report knowing someone who is lesbian or gay, and half report having a close lesbian or gay...more

McNees Wallace & Nurick LLC

Recent Guidance Interprets Pennsylvania Human Relations Act to Protect LGBTQ Community

Perhaps the most significant EEO issue percolating through the federal court system right now is whether Title VII’s prohibition against sex discrimination encompasses discrimination on the basis of sexual orientation and...more

Troutman Pepper

New Pa. Guidance Interprets Anti-Discrimination Law to Cover LGBT Individuals

Troutman Pepper on

In a significant development for Pennsylvania employers, the Pennsylvania Human Relations Commission (PHRC) has issued new guidance announcing that it takes the position that employment discrimination based on LGBT status is...more

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