News & Analysis as of

Bostock v Clayton County Georgia Transgender Civil Rights Act

Butler Snow LLP

Discriminatory or Just Cheap? Eleventh Circuit Panel Rules that Employer-Sponsored Health Plans Must Cover Gender-Affirming Care;...

Butler Snow LLP on

In its 2020 decision in Bostock v. Clayton County, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against employees based on their...more

Foley & Lardner LLP

Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

Foley & Lardner LLP on

“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

Kohrman Jackson & Krantz LLP

CLIENT ALERT: Biden Administration Releases Long-Awaited Title IX Regulations

On April 19, 2024, the Biden Administration released its long-awaited overhaul of the Title IX regulations governing investigations of alleged sexual misconduct and sex discrimination in federally-funded education programs....more

Pullman & Comley - School Law

Connecticut State Department of Education Issues New Transgender Student Guidance

Late last week the Connecticut State Department of Education (“CSDE” or “Department”) issued new guidance addressing the rights of transgender students in Connecticut schools.  Entitled Guidance on Civil Rights Protections...more

Nilan Johnson Lewis PA

Reminder to Employers: Transgender Employees may be Entitled to Reasonable Accommodation under the Americans with Disabilities Act

Nilan Johnson Lewis PA on

A recent Statement of Interest filed earlier this week by the Department of Justice in a federal prisoner lawsuit in the United States District Court for the Northern District of Georgia should serve as an important reminder...more

Akerman LLP - HR Defense

LGBTQ+ Protections, Virtual Harassment, and Social Media Posts: The EEOC Updates Its Harassment Guidance for the 21st Century

The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled “Proposed Enforcement Guidance on Harassment in the Workplace.” The proposed guidance sets...more

Fox Rothschild LLP

In New Workplace Harassment Guidance, EEOC Moves to Broaden Enforcement

Fox Rothschild LLP on

In new draft guidance, the U.S. Equal Employment Opportunity Commission proposes to recognize broad protections for LGBTQ+ employees in the workplace and allow bias claims premised on abortion-related decisions. It also...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more

Seyfarth Shaw LLP

Pride Month Message From EEOC Chair Highlights Continuing Impact of the Bostock Decision

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 15, 2023, the EEOC issued a message from its Chair, Charlotte A. Burrows, for Pride Month that, among other things, highlighted the continuing impact of the Supreme Court’s seminal decision in...more

Fisher Phillips

Understanding Transgender Workers’ Rights: A Legal Update and 3 Best Practices for Employers to Create an Inclusive Environment

Fisher Phillips on

Employers should review their diversity, equity, and inclusion (DEI) and anti-discrimination policies as federal and state laws protecting transgender workers continue to take shape. Earlier this month, the Equal Employment...more

Fisher Phillips

Using Employees’ Requested Pronouns: It’s About Dignity, Respect and Workplace Compliance

Fisher Phillips on

As employers strive to create inclusive and compliant workplaces, you should note that using an employee’s requested pronouns not only conveys respect but also helps you stay in compliance with anti-discrimination laws. In...more

Freeman Law

The Righteous Stand Bold Like a Lion | Bostock, Religious Organization Employers, and Title VII

Freeman Law on

This Insights blog addresses the aftermath of the monumental U.S. Supreme Court opinion of Bostock v. Clayton County, 140 S.Ct. 1731 (June 15, 2020) and the ongoing collision of the right to religious freedom enjoyed by...more

TNG Consulting

11th Circuit Breaks with Other Appeals Courts, Upholds K-12 Sex-Based Bathroom Policy

TNG Consulting on

Adams v. School Board of St. John’s County, 3:17-cv-00739, 2022 WL 18003879 (11th Cir. 2022) Adams, a transgender boy, sued the board of his Florida school district (“the School Board”) after his high school prohibited...more

ArentFox Schiff

Court Holds NC State Health Plan Constitutes “Health Program or Activity,” Granting Summary Judgment for Transgender Plaintiffs...

ArentFox Schiff on

On December 5, 2022, the US District Court for the Middle District of North Carolina held that the North Carolina State Health Plan (NCSHP) constitutes a “Health Program or Activity” under the Affordable Care Act (ACA). In so...more

Rumberger | Kirk

Gender Dysphoria and the ADA: What it Means for Employers

Rumberger | Kirk on

On August 16, 2022, a Fourth Circuit panel for the United States Court of Appeals ruled in Williams v. Kincaid that gender dysphoria qualifies as one of the disabilities listed under the Americans with Disabilities Act (ADA)....more

Adler Pollock & Sheehan P.C.

Developments in the Law on Protections for LGBTQ+ Employees

The Supreme Court’s ruling in Bostock v. Clayton County,140 S. Ct. 1731, 1754 (2020) that expanded the prohibition against sex discrimination under Title VII (“Title VII”) of the Civil Rights Act to include discrimination on...more

Manatt, Phelps & Phillips, LLP

New EEOC Document on Sexual Orientation and Gender Identity

In recognition of LGBTQ+ Pride Month and the anniversary of the Bostock v. Clayton County ruling, the Equal Employment Opportunity Commission (EEOC or Commission) released a new technical assistance document addressing issues...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Guidance on Gender Identity Discrimination

By virtue of the U.S. Supreme Court’s 2020 opinion in Bostock v. Clayton County, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation or transgender status. On June 15,...more

Polsinelli

EEOC Issues Guidance Regarding Workplace Restrooms

Polsinelli on

On the one year anniversary of the Supreme Court’s decision in Bostock v. Clayton County, the EEOC has issued new guidance to clarify whether employers can segregate workplace restrooms by gender or sex. While not law, this...more

Sherman & Howard L.L.C.

EEOC Issues Guidance Addressing Transgender Bathroom And Pronoun Policies

The EEOC marked the one-year anniversary of Bostock v. Clayton County—the landmark Supreme Court decision holding that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination on the basis of sexual...more

FordHarrison

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

FordHarrison on

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

Hinshaw & Culbertson LLP

[Webinar] LGBTQ+ Employment Law Roundup - June 23rd, 5:00 pm PT

Join Hinshaw and the LGBTQ+ Lawyers Association of Los Angeles on June 23, 2021, as we commemorate June Pride Month with a webinar featuring practical guidance on LGBTQ+ employment and workplace issues. This one-hour CLE...more

DirectEmployers Association

Dispute Breaks Out at EEOC Between Republican Commissioners and the Democrat Chair Over Whether the Chair May Issue Policy...

What Happened First? First, at the direction of the Chair of the Equal Employment Opportunity Commission (“EEOC”), Charlotte A. Burrows, the Commission published an EEOC Press Release from the “Washington D.C. Headquarters”...more

DirectEmployers Association

OFCCP Week In Review: June 2021 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Miller Canfield

Department of Education Issues Interpretive Ruling Prohibiting Sex-Based Discrimination Against Gay & Transgender Students Under...

Miller Canfield on

On June 16, 2021, the U.S. Department of Education ("DOE") issued a "Notice of Interpretation" expanding protection of gay and transgender students under Title IX to include educational institutions receiving federal monies....more

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