News & Analysis as of

Employer Liability Issues Hiring & Firing Gender Identity

Kelley Drye & Warren LLP

[Webinar] Trump Reframes the EEO Agenda: What Does It Mean for Your Business? - January 30th, 12:30 pm - 1:30 pm EST

Join Kelley Drye for an insightful webinar, "Trump Reframes the EEO Agenda: What Does It Mean for Your Business?" This session will explore the impact of the Trump administration’s new direction on DEI, gender identity,...more

BCLP

Balancing Protected Characteristics - Religious Belief v Sexual Orientation: Ngole v Touchstone Leeds

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This week we focus on a new case looking at the difficulties between balancing protections of religious belief with the rights and protections of LGBTQI+ individuals....more

FordHarrison

What Employers Need to Know About the EEOC's New Guidance on Workplace Harassment

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On March 29, 2024, the EEOC announced new guidance addressing harassment in the workplace, which goes into effect immediately. This guidance consolidates the EEOC’s previous guidance and incorporates new topics reflecting...more

Littler

British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based on Their Gender Identity...

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In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server’s pronouns, among...more

Cranfill Sumner LLP

2023 Labor/Employment Law Predictions – How Did I Do?

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In January 2023, I wrote a piece on my predictions for what we might expect in the labor/employment law world in 2023. As 2023 draws to a close, let’s see how I did....more

BCLP

UK HR Two Minute Monthly: September 2023

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Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more

Fisher Phillips

Michigan Lawmakers Seek to Expand Workplace Protections for LGBTQ Workers

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The Michigan Senate took a historic step Wednesday to increase workplace protections for members of the LGBTQ community by passing a law that would prohibit discrimination on the basis of sexual orientation, gender identity,...more

Epstein Becker & Green

#WorkforceWednesday: EEOC's LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law - Employment...

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This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance. Federal Judge Blocks EEOC's LGBTQ+ Guidance The Equal Employment Opportunity Commission’s June...more

Stokes Wagner

Do You Know Your Obligations to Transgender Employees and Job Applicants?

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The subject of transgender Americans has been raised a lot recently, sometimes in political contexts, but regardless of the politics, it is important for employers to understand their obligations with respect to transgender...more

Jackson Lewis P.C.

Discrimination Based on Sexual Orientation Unlawful, Michigan High Court Holds, Overruling Precedent

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Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., prohibition of sex-based discrimination also prohibits discrimination based on sexual orientation, the Michigan Supreme Court has held....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

Polsinelli

EEOC Revises Intake Forms to Include Non-Binary Gender Options

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On March 31, 2022, on Transgender Day of Visibility, the EEOC announced that it will expand the available gender options in the voluntary self-identification questions included on its intake forms. The changes will apply to...more

Mitratech Holdings, Inc

Pronouns, Biases, and Diversity in the Workplace

Pronouns in the workplace are used all the time, yet many of us have a hard time normalizing the question, “what pronouns do you use?” or “what pronouns can I use for you?” or even stating “hi, my pronouns are…,”...more

Sands Anderson PC

EEOC Issues New Guidance on Workplace Transgender Policies

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The Equal Employment Opportunity Commission (EEOC) recently issued new Guidance directed to employers addressing restroom policies and the use of employee preferred pronouns. Although this technical assistance guidance does...more

Butler Snow LLP

Fifth Circuit Court of Appeals Requires Transgender Plaintiffs to Identify Comparators to Establish Title VII Discrimination

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This recent decision from the Fifth Circuit Court of Appeals confirms that plaintiffs claiming discrimination based on transgender status are subject to the same pleading and evidentiary requirements as other discrimination...more

Littler

Littler Lightbulb: Colorado Adds New Employment Laws this Session

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Over the last two years, Colorado enacted some significant employment laws, including the Healthy Families & Workplaces Act and Equal Pay for Equal Work Act. Colorado’s 2021 legislative session ended on June 12, 2021....more

Fisher Phillips

5 Employer Takeaways as EEOC Issues New Guidance on Sexual Orientation and Gender Identity Discrimination in the Workplace

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The Equal Employment Opportunity Commission (EEOC) observed LGBTQ+ Pride Month and the one-year anniversary of the landmark Bostock v. Clayton County Supreme Court decision by announcing new resources to aid employers in...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

Ward and Smith, P.A.

One Year Later: Have Employers Taken Stock Following Bostock?

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This week (specifically June 15, 2021) marked the one-year anniversary of the U.S. Supreme Court's landmark decision in the case of Bostock v. Clayton County, which outlawed sexual orientation or transgender status employment...more

Morgan Lewis

Biden Administration Issues Order on Gender Identity and Sexual Orientation

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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

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Beyond Bostock: Protections and Barriers for the LGBTQ+ Community - October 8th, 12:00 pm - 1:00 pm EDT

Please join Nelson Mullins and LGBTQ+ leaders as we kick-off Atlanta Pride weekend with an online discussion of the legal and political battles ahead in the aftermath of the Supreme Court’s Bostock decision and rethinking...more

BCLP

From the Workplace to the Classroom – Bostock’s Potential Impact in Education

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The Supreme Court’s landmark decision in Bostock v. Clayton County, Georgia marks a turning point and milestone victory for the LGBTQ+ community. The decision will impact the fight to end discrimination based on gender...more

Polsinelli

OFCCP Issues New Guidance on the Status of Non-Binary Employees in Affirmative Action Programs

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The Office of Federal Contract Compliance Programs (“OFCCP”) recently issued new FAQ guidance on how federal government contractors should treat non-binary employees (i.e., those who do not exclusively identify as either male...more

Foley & Lardner LLP

Bostock: How Will the Supreme Court’s Landmark Civil Rights Decision Play Out In Sports?

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On June 15, 2020, the U.S. Supreme Court issued a watershed decision in Bostock v. Clayton County, holding, for the first time, that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination in the...more

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