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
7/11/2019
/ Affordable Care Act ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Health and Human Services (HHS) ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
Proposed Regulation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Dear Littler: I work in HR at a large, California-based company with branches across the country. We pride ourselves on our diverse and inclusive workforce, and encourage employees to self-identify their race/ethnicity and...more
3/6/2019
/ Civil Rights Act ,
Corporate Counsel ,
EEO-1 ,
Employer Liability Issues ,
Gender Identity ,
Gender Neutral ,
LGBTQ ,
OFCCP ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Transgender
The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in...more
3/15/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Freedom of Religion ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
Hiring & Firing ,
LGBTQ ,
Religious Freedom Restoration Act (RFRA) ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
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
3/22/2017
/ Civil Rights Act ,
Discrimination ,
Employee Restrooms ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
OSHA ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The U.S. Department of Health and Human Services (HHS) recently published its Final Rule implementing Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of, among other grounds, sex in...more
6/22/2016
/ Affordable Care Act ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
Discrimination ,
Final Rules ,
Gender Identity ,
Health Insurance ,
LGBTQ ,
Non-Discrimination Rules ,
Religious Freedom Restoration Act (RFRA) ,
Section 1557 ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Transgender
Approximately one week before changes to Charlotte’s non-discrimination ordinances were to take effect, the State of North Carolina enacted a law that not only invalidates the amendments, but also has broader implications for...more
The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued a potentially groundbreaking decision finding that discrimination based on "sexual orientation" can be brought under Title VII of the Civil...more
7/20/2015
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Aviation Administration (FAA) ,
Job Promotions ,
LGBTQ ,
Popular ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Strategic Enforcement Plan ,
Title VII ,
Wage and Hour