Can an employer be sued by an employee for an alleged discriminatory transfer? The answer had been yes, so long as the transfer was based on a discriminatory reason and resulted in a “significant” employment disadvantage....more
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: For decades fitness facilities have been offering “women-only” sections, allowing women to exercise in private without self-image worries or unwanted male attention....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 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
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 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 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 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
Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more
12/13/2016
/ Appeals ,
Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
En Banc Review ,
Equal Employment Opportunity Commission (EEOC) ,
Full-Time Employees ,
Gender Discrimination ,
Job Promotions ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Wage and Hour