In a 2-1 vote on January 22, 2026, the U.S. Equal Employment Opportunity Commission fully rescinded its 2024 Enforcement Guidance on Harassment in the Workplace. This marks a meaningful shift in the workplace compliance...more
The US Department of Justice, along with several state attorneys general, has issued subpoenas and civil investigative demands to hospitals, physicians, telehealth companies, and pharmaceutical manufacturers engaged in...more
The Chester County Board of Commissioners recently adopted Ordinance No. ORD-2025-03, creating the Chester County Human Relations Commission (CCHRC) and enacting broad countywide nondiscrimination provisions covering...more
In a significant First Amendment ruling, the Fifth Circuit in Spectrum WT v. Wendler held that a drag show hosted by an LGBTQ+ student organization at West Texas A&M University qualifies as expressive conduct. The decision...more
The US Department of Justice has proposed legislation to the US Congress that would, if enacted, create a private right of action against healthcare professionals who provide gender-affirming care to children. The proposal...more
On May 15, 2025, the U.S. District Court for the Northern District of Texas ruled that the U.S. Equal Employment Opportunity Commission (“EEOC”) overstepped its authority by issuing guidance that extended certain workplace...more
Many K-12 and institutes of higher education are concerned about the potential threat to their federal funding given recent changes to the way the government is interpreting existing federal law to achieve certain policy...more
In a move with potentially significant implications for entities subject to the Affordable Care Act, the Department of Health and Human Services (HHS) has reversed course and now contends that Section 1557 of the Affordable...more
On February 20, 2025, the U.S. Department of Health and Human Services (“HHS”) took action pursuant to President Trump’s Executive Order 14187 (“EO 14187”), which is aimed at ending gender affirming care for minors. EO 14187...more
Following through on a campaign theme focused on transgender issues and access to gender-affirming health care, on Friday, January 28, President Trump signed an Executive Order, titled “Protecting Children from Chemical and...more
The Trump Administration’s new Executive Order on “gender ideology extremism” signals a dramatic shift in federal policy that will impact workplace policies, benefits, and compliance obligations relating to transgender...more
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
The City Council of Atlanta, Georgia recently passed an ordinance that amends its existing anti-discrimination law to include protection on the basis of “criminal history status” as well as “gender expression.” The ordinance...more
Despite recent evidence showing that debates regarding the restriction of transgender persons’ rights have negatively impacted LGBTQ+ youth mental health and that physicians generally oppose legislation that interferes in or...more
As workplace protections expand for the LGBTQ+ community, transgender and non-binary employees may feel more comfortable being their authentic self at work. As a result, you should be prepared to work with transitioning...more
Both Wake County (NC) and Raleigh City (NC) just expanded their non-discrimination provisions to prohibit discrimination against individuals based on their sexual orientation, gender identity, and natural hairstyle in both...more
Educational institutions all over the country have been grappling with the nuances of Title IX compliance since the new Title IX regulations were released last summer. With many stakeholders unhappy with the final...more
In a landmark ruling, a Beijing court ruled in favor of a transgender employee against her employer, a Chinese e-commerce company, interpreting China’s anti-discrimination laws to include protection based on sexual...more
Over the last few years, many employers have implemented diversity and inclusion programs, whether official or unofficial, emphasizing a work force that includes a wide variety of individuals based on, among other categories,...more
If your company employs 100 or more employees or has 50 or more employees and a federal contract of $50,000 or more, the deadline to file your employee pay information with the federal government is the end of this month....more
The Seventh Amendment guarantees a right to a jury trial in cases arising under the common law. But even that fundamental right can be waived if not properly asserted in the lower court....more
The Equal Employment Opportunity Commission (EEOC) recently released guidance in an FAQ to employers as to how they should report non-binary employees on Form EEO-1....more
Thanks to the consistent gridlock we have at the congressional level in Washington, D.C., employment laws are increasingly being passed at the state and local level all over the country, and the City of Pittsburgh has not...more
State and local governments are increasingly regulating the workplace. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help...more
Welcome to the Spring edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more