Executive Summary: June is Pride Month. On June 16, 2021, Miguel Cardona, Secretary of the U.S. Department of Education (the “Department”) under President Joe Biden, issued a Notice of Interpretation stating that Title IX...more
6/28/2021
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Department of Education ,
Educational Institutions ,
Gender Identity ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender
Executive Summary: Maintaining a diverse workforce is increasingly necessary for companies to be successful and competitive in the global marketplace. But what happens when diversity, equity and inclusion initiatives collide...more
Executive Summary: Within hours of his inauguration on January 20, 2021, President Biden signed his Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation....more
2/1/2021
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Executive Orders ,
Gender Identity ,
LGBTQ ,
Regulatory Reform ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Complimentary Webinar
June is Pride Month and this year it has extra meaning for the LGBTQ+ community, allies and advocates. On June 15th, Justice Gorsuch, writing for the 6-3 majority of the United States Supreme Court,...more
6/19/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Continuing Legal Education ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Webinars
June is Pride Month. This year’s Pride Month has extra meaning for the LGBTQ+ community, allies and advocates. Yesterday, June 15, 2020, Justice Gorsuch, writing for the 6-3 majority of the United States Supreme Court, handed...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The next session of the Supreme Court of the United States (SCOTUS) is just around the corner. On October 8, 2019, SCOTUS will hear oral argument on three closely watched cases, Bostock v. Clayton Co., Georgia, Altitude...more
9/9/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corporate Counsel ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Yesterday, April 22, 2019, the Supreme Court of the United States (“SCOTUS”) granted certiorari in three cases involving the question of whether gay and transgender workers are protected from discrimination by Title VII of...more
4/23/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Certiorari ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The protracted case of Gavin Grimm is set to be heard once again by the United States Court of Appeals for the Fourth Circuit. ...more
6/14/2018
/ Appeals ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
School Restrooms ,
Sexual Orientation Discrimination ,
Sexual Stereotyping ,
Students ,
Title IX ,
Transgender
On June 4, 2018, the United States Supreme Court, in a 7-2 ruling, found in favor of Jack Phillips, owner of Masterpiece Cakes, who refused to make a wedding cake for a same-sex couple. He cited religious beliefs condemning...more
6/8/2018
/ Administrative Agencies ,
Anti-Discrimination Policies ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
LGBTQ ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Private Sector ,
Religious Discrimination ,
Reversal ,
Same-Sex Marriage ,
SCOTUS
The Sixth Circuit Court of Appeals is the latest to weigh in on the heated debate as to whether sexual orientation, gender identity, transgender status and/or gender expression are protected classes under Title VII of the...more
3/20/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Freedom of Religion ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Religious Freedom Restoration Act (RFRA) ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
As previously reported by these authors, on July 26, 2017, President Trump announced via Twitter that transgender individuals will no longer be permitted to serve in the military. President Trump issued an official memorandum...more
11/10/2017
/ Department of Defense (DOD) ,
Employee Retention ,
Fifth Amendment ,
Gender Identity ,
Injunctions ,
LGBTQ ,
Military Service Members ,
Presidential Memorandum ,
Recruitment Policies ,
Sexual Orientation Discrimination ,
Sexual Stereotyping ,
Transgender ,
Trump Administration
Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation, gender identity, transgender status and/or gender expression remains a heated debate in the courts and between...more
10/6/2017
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Employment Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the...more
8/2/2017
/ Civil Rights Act ,
Discrimination ,
Employment Discrimination ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Military Service Members ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Trump Administration
On March 10, 2017, in Evans v. Georgia Regional Hospital, a split panel of the U.S. Court of Appeals for the Eleventh Circuit held that it was bound by prior precedent that Title VII of the Civil Rights Act of 1964 does not...more
7/12/2017
/ Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
On May 30, 2017, on the heels of the Seventh Circuit’s ground-breaking en banc decision in Hively v. Ivy Tech. College holding that sexual orientation is a protected trait under Title VII, a unanimous three-judge panel of...more
6/12/2017
/ Civil Rights Act ,
Department of Education ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Gender Identity ,
LGBTQ ,
Public Schools ,
School Restrooms ,
Sex Discrimination ,
Students ,
Title IX ,
Title VII ,
Transgender
While the Seventh Circuit definitively has held that sexual orientation discrimination is discrimination “because of sex” and, therefore, a violation of Title VII of the Civil Rights Act of 1964, as amended (as reported by...more
6/2/2017
/ Civil Rights Act ,
Corporate Counsel ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
On May 18, 2017, in the first decision of its kind, the Eastern District of Pennsylvania held that transgender people are not categorically barred from protection by the Americans with Disabilities Act (ADA) if they suffer...more
5/30/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
Reasonable Accommodation ,
Sexual Orientation Discrimination ,
Transgender ,
Uniforms
On April 3, 2017, in Christiansen v. Omnicom Group, Inc., the Second Circuit held that it was bound by prior precedent in ruling that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation...more
5/9/2017
/ Civil Rights Act ,
Corporate Counsel ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Proposed Legislation ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
In a landmark decision overruling decades of precedent, the Seventh Circuit en banc declared that sexual orientation discrimination violates Title VII in Hively v. Ivy Tech Community College. This comes as the first decision...more
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
4/5/2017
/ Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
En Banc Review ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Gloucester County School Board v G.G. ,
Hiring & Firing ,
LGBTQ ,
School Restrooms ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender ,
Trump Administration
There has been much speculation about the Trump administration’s position with respect to LGBTQ rights. We may now have our first glimpse. Just days after Jeff Sessions was confirmed as Attorney General, the government has...more
2/20/2017
/ Department of Justice (DOJ) ,
Discrimination ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Preliminary Injunctions ,
Public Schools ,
Restroom Legislation ,
School Restrooms ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender ,
Trump Administration
As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in...more
1/19/2017
/ Abortion ,
Affordable Care Act ,
Department of Health and Human Services (HHS) ,
Discrimination ,
Employer Mandates ,
Gender Discrimination ,
Gender Identity ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
LGBTQ ,
Medicaid ,
Medicare ,
Medicare Part D ,
Preliminary Injunctions ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Section 1557 ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title IX ,
TRICARE ,
Trump Administration