Executive Summary: On August 4, 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) published a final rule amending the 2020 pre-enforcement regulations colloquially referred to as the...more
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
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
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
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