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Department of Education Extends Title IX Protections to Gay and Transgender Students

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

Can Diversity Initiatives, Religious Freedom and LGBTQ+ Rights Co-Exist at Work? Yes, They Can

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

President Biden Signs Executive Order Combating Discrimination Against the LGBTQ+ Community

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

[Webinar] Supreme Court Title VII LGBTQ+ Ruling - What it Means and Next Steps for Employers - June 25th, 12:00 pm - 1:00 pm ET

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

US Supreme Court Holds Title VII Protects LGBTQ+ Workers in Landmark Decision

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

SCOTUS Scheduled to Hear Oral Arguments on Whether LGBTQ Rights Are Protected by Title VII

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

SCOTUS Certifies Three Cases to Answer the Question of Whether LGBTQ Rights are Protected by Title VII

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

U.S. Supreme Court Sides with Wedding Cake Baker in Gay Rights Case Based on Civil Rights Commission's Impermissible "Hostility"

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

Sixth Circuit Holds Transgender Status Is Protected by Title VII and Rejects Religious Freedom Restoration Act Defense

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

D.C. District Court Issues Injunction Against Transgender Military Ban

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

Department of Justice Weighs In: Title VII Does Not Prohibit Gender Identity Discrimination

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

Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

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

Eleventh Circuit Sets the Stage for U.S. Supreme Court Certification on Whether Sexual Orientation is Protected by Title VII

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

During Last Week of School Seventh Circuit Rules in Favor of Transgender Teen On Restroom Use

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

Full Second Circuit to Revisit Its Position On Sexual Orientation as a Protected Class Under Title VII

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

Federal Judge Rules that Transgender Employee's ADA Claim May Proceed

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

Full Second Circuit Asked to Revisit Prior Precedent that Title VII Does Not Protect Sexual Orientation

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

"Common Sense Reality": Seventh Circuit Holds That Sexual Orientation Discrimination Violates 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

Trump Administration Withdraws Motion Seeking to Limit Court's Stay of Obama's Transgender Bathroom Guidance in Public Schools

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

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