Discrimination, Gender Discrimination, Gender Identity

Md. Attorney General Can Now Bring Civil Actions Against Commercial Property Owners for Alleged Civil Rights Violations

Miles & Stockbridge P.C. on 5/22/2023

A new Maryland law allows the attorney general to seek equitable relief and fines of up to $25,000, as well as fees, against civil rights violators. The Maryland General Assembly passed during its recent session SB 540,...more

Employers and Health Care Providers Take Note: Recent Announcements Forecast Increased Government Enforcement of Discrimination...

Baker Donelson on 8/16/2021

The law regarding discrimination on the basis of "sex" continues to evolve rapidly. Perhaps sparked by last year's landmark discrimination ruling in the Bostock case and by President Biden's day-one Executive Order on...more

Court Preliminarily Enjoins HHS Revisions to “Sex” Discrimination Under Section 1557 of ACA

Arnall Golden Gregory LLP on 8/19/2020

Judge Frederick Block of the U.S. District Court for the Eastern District of New York has preliminarily enjoined HHS from revising the Obama-era definitions of sex discrimination under Section 1557 of the ACA. See Walker v....more

Georgia Trend: City Ordinances Require Private Employers to Expand Workplace Anti-Discrimination Protections

Littler on 3/23/2020

Georgia law prohibits private employers from discriminating against employees on the basis of age, disability and sex (specifically compensation-based claims). There are, however, no state statutes prohibiting private...more

New California Labor and Employment Laws for 2018

Holland & Knight LLP on 12/14/2017

• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. • Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health and...more

Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

FordHarrison on 8/2/2017

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

New California Transgender Regulations: Employer Do's & Don'ts

Ballard Spahr LLP on 7/25/2017

California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope...more

Best in Law: What to do to Comply with Transgender Laws - New California Laws Took Effect July 1

Best Best & Krieger LLP on 7/12/2017

California is continuing to be a leader on emerging civil rights issues. Back in 2004, California enacted laws to protect transgender workers. Transgender issues have become a front-burner topic. On the national scene,...more

Employment Law Authority - May/June 2017

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/6/2017

THE EVOLVING DEFINITION OF SEX(UAL ORIENTATION) UNDER TITLE VII - On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated decision in Hively v. Ivy Tech Community College of Indiana, making...more

North Carolina Enacts Law Repealing "Bathroom" Bill But Limiting Local Anti-Discrimination Laws

Littler on 4/5/2017

Last week, North Carolina lawmakers repealed the state’s controversial House Bill 2 (“HB 2”), which had required individuals to use the public bathroom that corresponds with the sex on their birth certificate, along with...more

Is Gender Identity and Sexual Orientation Employment Discrimination Prohibited? It Depends on Whom You Ask

Williams Mullen on 4/5/2017

There have been many news stories over the past couple of years about sexual orientation and gender identity discrimination in the workplace and in schools. Yet, in none of those stories is it ever made clear what the actual...more

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

FordHarrison on 4/5/2017

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

Dear Littler: How Should I Handle Customer Concerns about a Transgender Employee?

Littler on 3/22/2017

Dear Littler: We have a transgender employee at work, Sarah, who identifies and presents as a female. She is in the process of transitioning and still occasionally exhibits traditionally “male” physical attributes. A client...more

Supreme Court Remands Transgender Rights Case to Court of Appeals After Trump Administration Withdraws Obama Era Guidance

Seyfarth Shaw LLP on 3/10/2017

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

SCOTUS, New Dear Colleague Letter Muddle Transgender Issues Under Title IX

Ballard Spahr LLP on 3/10/2017

The U.S. Departments of Justice and Education have withdrawn existing guidance on transgender students and issued a new Dear Colleague Letter calling into question whether Title IX requires that schools permit students to use...more

DOE and DOJ Withdrawl of “Dear Colleague” Letter Leaves FERPA’s Guidance Unresolved

Robinson+Cole Data Privacy + Security Insider on 3/3/2017

On February 22, 2017, the Department of Justice (DOJ) and Department of Education (DOE) withdrew their May 13, 2016 “Dear Colleague” letter that provided guidance on steps to protect transgender students under Title IX of the...more

LGBT Rights Up in the Air

Akerman LLP - HR Defense on 2/24/2017

Changes that may impact LGBT rights in the workplace have employers spinning. This week’s news about the Trump administration’s rescission of federal guidance allowing transgender students to use bathrooms corresponding to...more

Administration Withdraws Transgender Guidance While Considering Legal Issues

Franczek P.C. on 2/23/2017

The U.S. Department of Justice (DOJ) and Department of Education (DOE) jointly issued a statement rescinding the guidance on transgender students’ rights under Title IX issued to school districts nationwide in May. The prior...more

Trump Administration Withdraws Motion Seeking to Limit Court's Stay of Obama's Transgender Bathroom Guidance in Public Schools

FordHarrison on 2/20/2017

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

Trump DOJ Drops Obama Administration’s Transgender Bathroom Fight

Fisher Phillips on 2/17/2017

Last week, the Justice Department withdrew the pending legal challenge that had sought to reverse the federal court decision blocking the implementation of the Obama administration’s transgender bathroom policy for public...more

Trump Administration Will Retain LGBT Protections for Government Contractor Employees

Proskauer - Government Contractor Compliance... on 1/31/2017

Although the first eleven days of the Trump Administration have been full of activity and controversy, federal government contractors have been waiting to see if President Trump will undo or modify the compliance obligations...more

Texas Court Enjoins Enforcement of Regulation that Would Forbid Discrimination in Healthcare on the Basis of Gender Identity and...

FordHarrison on 1/19/2017

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

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