Seyfarth Synopsis: The EEOC published guidance to provide clarity on its interpretation of Title VII protections for LGBTQ+ employees in the wake of the landmark case Bostock v. Clayton County, GA. A recent decision by a...more
For decades, courts and practitioners have struggled with whether federal law protects employees against discrimination on the basis of sexual orientation and gender identity. Yesterday, in a landmark 6-3 decision authored by...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
Seyfarth Synopsis: Yesterday, the Supreme Court granted review to a trio of Title VII cases raising the issue of whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. The Court’s...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
In a largely symbolic ruling, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the Supreme Court ruled 7-2 in favor of a cake shop owner who refused to make a wedding cake for a gay couple based on his...more
6/7/2018
/ 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
Seyfarth Synopsis: In landmark decision, the Second Circuit joins the Seventh Circuit in holding that Title VII prohibits discrimination on the basis of sexual orientation as a subset of sex discrimination....more
Seyfarth Synopsis: Oral argument suggests the Supreme Court is narrowly divided on how to reconcile non-discrimination protections for LGBT individuals with claims for religious liberty, with Justice Kennedy appearing likely...more
12/11/2017
/ Anti-Discrimination Policies ,
Employment Policies ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Freedom of Religion ,
LGBTQ ,
Ltd. v. Colorado Civil Rights Commission ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Oral Argument ,
Public Accommodation ,
Same-Sex Marriage ,
SCOTUS ,
Sexual Orientation Discrimination
Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western...more
11/2/2017
/ Anti-Harassment Policies ,
Civil Rights Act ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Hostile Environment ,
LGBTQ ,
Protected Class ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more
10/12/2017
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Freedom of Religion ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Same-Sex Marriage ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment....more
8/22/2017
/ Civil Rights Act ,
Department of Education ,
Department of Justice (DOJ) ,
Discrimination ,
Gender Identity ,
LGBTQ ,
Military Service Members ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender ,
Trump Administration
Seyfarth Synopsis: The Seventh Circuit affirmed that a transgender student demonstrated a likelihood of success on claims that his school district’s decision to prohibit him from using the boys’ restroom violated both Title...more
6/8/2017
/ Department of Education ,
Equal Protection ,
Fourteenth Amendment ,
Gender Identity ,
LGBTQ ,
Public Schools ,
School Restrooms ,
Sex Discrimination ,
Students ,
Title IX ,
Transgender
Seyfarth Synopsis: The Eighth Circuit upheld dismissal of Title VII claims challenging an employee benefit plan’s blanket transgender exclusion because the exclusion impacted the employee’s transgender son, not the employee....more
5/31/2017
/ Affordable Care Act ,
Article III ,
Civil Rights Act ,
Corporate Counsel ,
Employee Benefits ,
Employer Group Health Plans ,
Gender Discrimination ,
Health Insurance ,
LGBTQ ,
Standing ,
Title VII ,
TPAs ,
Transgender
Seyfarth Synopsis: The Seventh Circuit becomes the first appellate court to hold that discrimination on the basis of sexual orientation is prohibited as sex discrimination under Title VII. The decision establishes a circuit...more
Seyfarth Synopsis: On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights of...more
3/10/2017
/ American Civil Liberties Union (ACLU) ,
Appeals ,
Civil Rights Act ,
Dear Colleague Letter ,
Department of Education ,
Department of Justice (DOJ) ,
Discrimination ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Remand ,
School Restrooms ,
Sexual Orientation Discrimination ,
Title IX ,
Transgender ,
Trump Administration
Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity.
In EEOC v. R.G....more
3/9/2017
/ Civil Rights Act ,
Corporate Counsel ,
Discrimination ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Motion to Dismiss ,
Popular ,
Religious Freedom Restoration Act (RFRA) ,
Sex Discrimination ,
Title VII ,
Transgender ,
Trump Administration ,
Wrongful Termination
Seyfarth Synopsis: The U.S. Departments of Justice and Education jointly issued a “Dear Colleague” letter yesterday withdrawing and rescinding the Obama Administration’s prior guidance letters which instructed schools that...more
2/26/2017
/ Colleges ,
Dear Colleague Letter ,
Department of Education ,
Department of Justice (DOJ) ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Obama Administration ,
Public Schools ,
School Restrooms ,
SCOTUS ,
Sex Discrimination ,
Students ,
Title IX ,
Transgender ,
Trump Administration ,
Universities ,
Withdrawal
On October 28, 2016, the U.S. Supreme Court agreed to hear an appeal in the matter of Gloucester County School Board v. G.G., which asks the Court to weigh in on the issue of restroom access for transgender students. The...more
11/22/2016
/ Department of Education ,
Discrimination ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Public Schools ,
School Restrooms ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title IX ,
Transgender
Seyfarth Synopsis: A Seventh Circuit panel’s ruling that Title VII does not cover claims of sexual orientation discrimination will be heard en banc by the Circuit. Whether an en banc ruling affirms or reverses the panel’s...more
Seyfarth Synopsis: The passage of “Bathroom” or “Religious Freedom” bills raises issues for employers operating in impacted states. Employers in these states may wish to consider taking proactive and affirmative steps in the...more
4/13/2016
/ American Civil Liberties Union (ACLU) ,
Employee Restrooms ,
Equal Employment Opportunity Commission (EEOC) ,
Freedom of Religion ,
Gender Identity ,
LGBTQ ,
Local Ordinance ,
New Legislation ,
Preemption ,
Sexual Orientation Discrimination ,
State and Local Government ,
Title VII
As we’ve been reporting in our blogs, the EEOC continues to pursue an expansive theory of discrimination. It has taken the position that discrimination on the basis of sexual orientation and gender identity is prohibited...more
A Judge in the Northern District of Illinois has found that the protections of Title VII of the Civil Rights Act of 1964 do not extend to cases of discrimination on the basis of sexual orientation.
This ruling is in...more
Are Federal Courts ready to recognize that Title VII’s anti-discrimination prohibition extends to claims of sexual orientation?
This question will be decided when the Seventh Circuit issues a ruling in Kimberly Hively v....more
The Obama administration continues to use its executive authority to expand societal inclusion of transgender individuals. On September 3, the Department of Health and Human Services issued proposed rules under Section 1557...more
9/16/2015
/ Affordable Care Act ,
Burwell v Hobby Lobby ,
Department of Health and Human Services (HHS) ,
Employer Group Health Plans ,
Gender Discrimination ,
Health Insurance ,
Healthcare ,
Hobby Lobby ,
LGBTQ ,
Obama Administration ,
Public Health Insurance Marketplace ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Transgender
In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question:
Counsel, I’m not sure it’s necessary to get into sexual orientation to resolve the...more
In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question:
Counsel, I’m, I’m not sure it’s necessary to get into sexual orientation to resolve...more
5/7/2015
/ Benefit Plan Sponsors ,
Discrimination ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fourteenth Amendment ,
LGBTQ ,
Oral Argument ,
Popular ,
Same-Sex Marriage ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII
Background -
Today, the U.S. Supreme Court heard oral argument on two questions regarding the Constitutionality of state laws limiting marriage to opposite-sex couples. In 2013, the Supreme Court side-stepped the issue...more
4/28/2015
/ Anti-Discrimination Policies ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Hollingsworth v Perry ,
LGBTQ ,
Marriage Equality ,
Same-Sex Marriage ,
Same-Sex Marriage Bans ,
SCOTUS ,
Title VII ,
US v Windsor