Seyfarth Synopsis: The Supreme Court announced that it would not hear an appeal from the City of Houston in a case challenging the city’s ability to offer spousal benefits to same-sex spouses of municipal employees. By...more
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 Texas Supreme Court held that the U.S. Supreme Court’s landmark marriage equality decision, Obergefell v. Hodges, did not dispositively address how far government employers must go in providing benefits...more
7/10/2017
/ Benefit Plan Sponsors ,
Employee Benefits ,
Equal Protection ,
First Amendment ,
Fourteenth Amendment ,
Free Exercise Clause ,
Free Speech ,
Freedom of Religion ,
Marriage Equality ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Obergefell v. Hodges ,
Public Accommodation ,
Same-Sex Marriage ,
SCOTUS ,
TX Supreme Court
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: In a decision with wide ranging implications, the Ninth Circuit has ruled that a discretionary clause in an employer drafted plan document is subject to, and invalidated by, California’s insurance...more
Seyfarth Synopsis: In an opinion that may result in increasingly complex ERISA benefits litigation, the Eighth Circuit has allowed a breach of fiduciary duty claim premised on alleged faulty claims handling practices to...more
In Ariana M. v. Humana Health Plan of Texas, Inc., No. 16-20174 (5th Cir. Apr. 21, 2017), the Firth Circuit concluded that Texas’ ban on discretionary clauses in certain insurance policies did not require a de novo review of...more
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: The Sixth Circuit becomes the seventh circuit court to not require administrative exhaustion for statutory ERISA claims (as opposed to denial of benefit claims), while two circuit courts still do.
In...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: Adding to the body of conflicting authority on the scope of the attorney-client privilege in ERISA lawsuits, a district court has found that the fiduciary exception to attorney-client privilege applies to...more
3/9/2017
/ Attorney-Client Privilege ,
Benefit Plan Sponsors ,
Compensation & Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Exception ,
Insurance Industry ,
Long Term Disability Insurance ,
Privileged Communication ,
Retirement Plan
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
Seyfarth Synopsis: Increasingly, courts have held that discrimination on the basis of sexual orientation and gender identity violates Title VII. Federal district courts in Nevada and Pennsylvania have recently joined their...more
12/6/2016
/ Appeals ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hostile Environment ,
School Restrooms ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Wrongful Termination
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 Court ruled that under the Affordable Care Act, an ERISA governed plan exclusion cannot unequivocally bar emergency medical care related to injuries sustained in a fireworks explosion.
Recently, a...more
Be careful what you ask for. The Plaintiff in a recent case from the Central District of California learned that lesson when the Plan’s re-evaluation of her claim for benefits revealed that she was apparently working as a...more
11/11/2016
/ Abuse of Discretion ,
Appeals ,
Arbitrary and Capricious ,
Denial of Benefits ,
Disability Benefits ,
Evidence ,
IMDB ,
LinkedIn ,
Pensions ,
Plan Administrators ,
Screen Actors Guild ,
Social Media ,
Standard of Review ,
Standing
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: Court excludes evidence of Social Security disability award issued after the final decision issued on plaintiff’s claim for plan disability benefits. The decision accentuates the importance of fighting to...more
Seyfarth Synopsis: Currently before the Supreme Court are two petitions regarding the thorny legal question of which organizations can qualify for ERISA’s Church-plan exemption. If the Supreme Court grants certiorari and...more
10/12/2016
/ Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
Church Plans ,
Churches ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Exemptions ,
First Amendment ,
Health Insurance ,
Healthcare ,
Hospitals ,
Petition for Writ of Certiorari ,
Religious Institutions ,
SCOTUS
Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for...more
8/26/2016
/ Administrative Procedure Act ,
Department of Education ,
Department of Justice (DOJ) ,
Federal v State Law Application ,
Gender Identity ,
Injunctions ,
Notice and Comment ,
School Restrooms ,
Sex Discrimination ,
Split of Authority ,
Students ,
Title IX ,
Title VII ,
Transgender
Seyfarth Synopsis: A recent decision district court ruling affirms that in a benefit discrimination claim, just as in a typical claim of employment discrimination, to survive summary judgment a plaintiff must demonstrate that...more