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Discrimination LGBTQ

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Weber Gallagher Simpson Stapleton Fires &...

Diversity Matters Newsletter Summer 2024 Edition

“Nothing worth having comes easy.” -President Theodore Roosevelt Working towards real diversity, equity, and inclusion in the workplace should not be easy. In fact, it should be an uncomfortable, arduous journey where...more

TNG Consulting

Implementation Day Arrived, For Some. What’s Next?

TNG Consulting on

On the morning of August 1, 2024, Title IX experts from TNG Consulting and ATIXA participated in a webinar hosted by the Department of Education (ED) regarding the 2024 Title IX Rule. During the session, U.S. Secretary of...more

Franczek P.C.

Legal Challenges to the 2024 Title IX Regulations – What’s Next for Illinois Schools?

Franczek P.C. on

Schools throughout the country are preparing to implement the U.S. Department of Education Office for Civil Rights’ (“OCR”) long-awaited final 2024 Title IX regulations. These new regulations, which replace the 2020...more

Baker Donelson

History and Future of the Nation's First Ban on Gender-Affirming Care

Baker Donelson on

Across the United States, there is a trend of state legislatures passing laws that restrict, or even outright prohibit, transgender minors from access to gender-affirming care, including puberty blockers, hormone therapy,...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 5, May 2024

Welcome to summer and the fifth issue of The Academic Advisor for 2024 - In this issue, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: ...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

Jackson Lewis P.C.

Reports Confirm Need for Employers to Foster Inclusive Work Environment for Black, LGBTQIA+ Youth

Jackson Lewis P.C. on

Both The Trevor Project and the Human Rights Campaign have released reports detailing the challenges faced by Black LGBTQ+ youth in the United States and the importance of acceptance and support to ensure these young people...more

Arnall Golden Gregory LLP

EEOC Releases Proposed Enforcement Guidance on Workplace Harassment

On September 29, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) released its proposed Enforcement Guidance on Harassment in the Workplace (“Proposed Guidance”). The Proposed Guidance “is...more

Benesch

Public Dollars, Private Discrimination: Protecting LGBT Students from School Voucher Discrimination

Benesch on

More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with...more

Constangy, Brooks, Smith & Prophete, LLP

2.6 million reasons to keep the 303 Creative holding in perspective

On July 16, Time (the publisher I once knew as Time Magazine) posted an article titled “The Implications of the Supreme Court’s 303 Creative Decision Are Already Being Felt.” The article says that in the first few days after...more

Baker Donelson

Out Leadership Ranks States for LGBTQ+ Equality and Inclusivity

Baker Donelson on

For the first time since Out Leadership began publishing its State LGBTQ+ Business Climate Index (the Index) five years ago, the nation's overall average score on LGBTQ+ equality has dropped. The net negative rating for the...more

Manatt, Phelps & Phillips, LLP

Seventh Circuit Takes On Religious Discrimination

The Seventh U.S. Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in a religious discrimination case involving a teacher who refused to call transgender students by their chosen names....more

Saul Ewing LLP

Pennsylvania Expands Definition of Discrimination

Saul Ewing LLP on

New protections from discrimination are set to become a reality in Pennsylvania. On December 8, 2022, Pennsylvania’s Independent Regulatory Review Commission approved a proposed regulation from the Pennsylvania Human...more

Bass, Berry & Sims PLC

District Court Enjoins EEOC and Department of Education Guidance Protecting LGBTQ Rights

Bass, Berry & Sims PLC on

On July 15, the U.S. District Court for the Eastern District of Tennessee entered a preliminary injunction barring the Equal Employment Opportunity Commission (EEOC) and the Department of Education (ED) from enforcing...more

Weintraub Tobin

The EEOC’s New Guidance Says Discrimination Against “Caregivers” May Violate Federal Law

Weintraub Tobin on

On March 14, 2022, the EEOC released a new technical assistance guidance document entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law.” Essentially, the guidance...more

Jackson Lewis P.C.

Department Of Education Marks 49th Anniversary Of Title IX By Stressing Rights For LGBTQI+ Students

Jackson Lewis P.C. on

The U.S. Department of Education marked the 49th anniversary of the Title IX Education Amendments of 1972 by issuing a Dear Educator letter. The letter highlights the importance of Title IX and references several Title IX...more

Morgan Lewis

UK Employment Appeal Tribunal: ‘Gender-critical’ Beliefs Are Protected Philosophical Beliefs

Morgan Lewis on

The UK’s Employment Appeal Tribunal (EAT) found on 10 June 2021 in Maya Forstater v CGD Europe and others that gender-critical beliefs—including believing that one’s biological sex is immutable and not to be conflated with...more

Davis Wright Tremaine LLP

A New Spring in the CFPB's Step

With a new administration incoming at the Consumer Financial Protection Bureau (CFPB) and the country turning the corner in its fight against the pandemic, the CFPB has begun to flex its regulatory muscles once again. From...more

Baker Donelson

First Texas Court of Appeals to Follow Bostock Ruling

Baker Donelson on

Nine months after the United States Supreme Court's historic decision in Bostock, the Texas Fifth Circuit Court of Appeals had to decide whether the interpretation of Title VII's language in protecting LGBTQ employees also...more

Morgan Lewis

Biden Administration Issues Order on Gender Identity and Sexual Orientation

Morgan Lewis on

As one of his first actions in office, President Joe Biden has issued an executive order ensuring that last year’s US Supreme Court decision in Bostock v. Clayton County is applied immediately and efficiently by all federal...more

Jackson Lewis P.C.

President Biden Issues Executive Order Addressing Gender Identity And Sexual Orientation Discrimination

Jackson Lewis P.C. on

As part of the many Executive Orders signed his first day in office, President Biden formalized is administration’s commitment to protecting the rights of the LGBTQ+ community by signing an Executive Order on Preventing and...more

Arnall Golden Gregory LLP

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

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

Baker Donelson

Religious Organizations May Have a Defense to LGBTQ Employment Discrimination Lawsuits Despite Bostock Ruling

Baker Donelson on

On July 8, 2020, in Our Lady of Guadalupe School v. Morrissey-Berru, the United States Supreme Court reaffirmed its stance on the application of ministerial exception to employment discrimination cases as established in...more

Nelson Mullins Riley & Scarborough LLP

EducationCounsel Supports Efforts to Protect Rights of Transgender Students Across the Country

Through its long-standing engagement with GLSEN, a national nonprofit dedicated to promoting and supporting LGBTQ+ inclusive schools, EducationCounsel has authored numerous amicus briefs along with Willkie Farr & Gallagher...more

Fox Rothschild LLP

Supreme Court Expands Employment Anti-Discrimination Laws To Protect The LGBTQ Community. Fair Housing Is Likely Next.

Fox Rothschild LLP on

In a decision which will likely expand the scope of the federal Fair Housing Act (FHA) by analogy, the U.S. Supreme Court concluded earlier today that a 1960’s era civil rights statute protects gay and transgender workers. By...more

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