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. 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
In a 5-4 decision, the U.S. Supreme Court decided what the definition of a "supervisor" is for purposes of assessing liability for unlawful harassment under Title VII. The Court ruled that an employer will be vicariously...more