News & Analysis as of

Gender Identity

Title VII In Transition? Texas Federal Court Rules That Anti-Discrimination Statute Protects Transgender Individuals

In a landmark ruling, a federal court judge in Texas issued an opinion holding—unequivocally—that Title VII protects transgender individuals from discrimination based on their gender identity. Wittmer v. Phillips 66 Company,...more

Second Circuit Reverses Course and Rules That Title VII Prohibits Sexual Orientation Discrimination

by Pepper Hamilton LLP on

In an en banc decision, the U.S. Court of Appeals for the Second Circuit decided on February 26 that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination on the basis of sexual orientation. Zarda v....more

#BornPerfect: States Seek to Outlaw Conversion Therapy

by Bowditch & Dewey on

What is conversion therapy? Conversion therapy, sometimes known as “reparative therapy,” is the pseudo-psychological practice of trying to change an individual’s sexual orientation or identity, most commonly from...more

Sixth Circuit Extends Title VII Protection to Gender Identity Discrimination, Joining Second and Seventh Circuits

by Miles & Stockbridge P.C. on

Last month, with its decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., 884 F.3d 560 (6th Cir. 2018) the Sixth Circuit broadened Title VII protection to include protection for individuals who are transgender or...more

Department of Health and Human Services Proposes New Rule For Healthcare Workers In The Name of Religious Freedom

by Akerman LLP - HR Defense on

Healthcare employers take note: the Department of Health and Human Services (“HHS”) has issued a proposed rule that, if passed, will allow healthcare workers who object to performing certain medical procedures like abortions...more

New Jersey to Pass Broadest Pay Equity Law in the US

by FordHarrison on

On March 26, 2018, the New Jersey legislature overwhelmingly passed amendments to the state discrimination law, including additional pay equity protections. ...more

Sixth Circuit Confirms Title VII Protection for Transgender Status and Rejects Religious Belief Defense

by Foley & Lardner LLP on

Earlier this month, we discussed the Second Circuit Court of Appeals’ decision concluding that Title VII prohibits discrimination on the basis of sexual orientation. Days later, the Sixth Circuit Court of Appeals (covering...more

Transgender, Transitioning, and Title VII: Sixth Circuit Provides Protected Status

Does discrimination based on gender identity fall within Title VII of the Civil Rights Act of 1964’s protection against discrimination “because of sex”? Adopting the U.S. Equal Employment Opportunity Commission’s (EEOC)...more

Transgender Rights Trump Religious Rights in Sixth Circuit Case

by Akerman LLP - HR Defense on

Title VII’s protections against sex discrimination extend to transgender workers, even in the face of a challenge based on the employer’s religious rights, a federal appellate court has held....more

Two Federal Courts Of Appeal Find That Title VII Prohibits Workplace Discrimination On The Basis Of Sexual Orientation And...

by Butler Snow LLP on

Back in April 2017, the federal 7th Circuit Court of Appeals (governing Illinois, Indiana, and Wisconsin) made big news when it determined that Title VII of the Civil Rights Act of 1964 prevents employers from discriminating...more

Sixth Circuit Holds Transgender Status Is Protected by Title VII and Rejects Religious Freedom Restoration Act Defense

by FordHarrison on

The Sixth Circuit Court of Appeals is the latest to weigh in on the heated debate as to whether sexual orientation, gender identity, transgender status and/or gender expression are protected classes under Title VII of the...more

Sixth Circuit Delivers One-Two Punch Knocking Out Transgender Discrimination

The U.S. Court of Appeals for the Sixth Circuit ruled on March 7 that employer R.G. & G.R. Harris Funeral Homes unlawfully discriminated on the basis of sex when it fired a transgender employee after she informed the company...more

LGBTQ Rights Making News and Making Law In Recent Weeks

by Kelley Drye & Warren LLP on

In the past two weeks, we saw two major decisions in the area of LGBTQ rights in the workplace. First, the Second Circuit in New York held that Title VII does prohibit discrimination based on sexual orientation. Zarda v....more

The Breakdown On That "Transgender Funeral Home" Decision

The Sixth Circuit decision seems overall correct, although it contains some "woke dicta," too. Last week, a panel of the U.S. Court of Appeals for the Sixth Circuit issued its decision in the EEOC v. R.G. & G.R. Harris...more

Sixth Circuit Says Transgender Discrimination is Protected Under Title VII

by SmithAmundsen LLC on

Last week, the United States Court of Appeals for the Sixth Circuit held—for the first time—that discrimination based on transgender and transitioning status violates Title VII. Although the court has previously held that...more

Religious Liberty v. Gender Identity – Sixth Circuit Grants Summary Judgment to EEOC in Transgender Discrimination Case

Like the recent proliferation of sexual harassment discussions in the workplace, issues concerning transgender employees are slowly but surely confronting employers and policies that may reinforce sex and gender stereotypes....more

Federal Appeals Court Finds Title VII Precludes Discrimination Based On Transgender Status

by Littler on

The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in...more

Sixth Circuit Holds That Discrimination Based on Transgender Status is Considered Sex Discrimination Under Title VII

by Reminger Co., LPA on

The Sixth Circuit recently joined a growing number of federal courts to expand the definition of what constitutes sexual discrimination under Title VII. It found that discrimination based on an individual’s transgender status...more

Growing Trend: 2nd and 6th Circuits Join 7th in Holding that Gay and Transgender Persons are Protected Under Title VII’s Ban on...

by Hirschfeld Kraemer LLP on

It has been a busy few weeks in the federal courts regarding the development of gay and transgender employment discrimination law. On March 7, 2018, the Sixth Circuit held that Title VII’s prohibitions on sex discrimination...more

Sixth Circuit Rules that Gender Identity Discrimination is Not Religious Freedom

On March 7, 2018, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC) against a Michigan...more

Sixth Circuit: Title VII Prohibits Discrimination Based on Transgender and/or Transitioning Status

by Shipman & Goodwin LLP on

Less than one week after the Second Circuit Court of Appeals held that Title VII’s prohibition on sex discrimination bars discrimination on the basis of sexual orientation, the Sixth Circuit Court of Appeals issued its own...more

Sixth Circuit Rules Discrimination Against Transgender Employees Violates Title VII

The Sixth Circuit Court of Appeals has held that discrimination against transgender/LBGTQ employees is discrimination on the basis of sex that violates Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity...more

Federal Contractors and Subcontractors: Are Your EEO Posters Up To Date?

by Hogan Lovells on

Most employers are required to post the familiar EEO Is the Law poster. This is a friendly reminder that the OFCCP (Office of Federal Contract Compliance Programs) also requires federal contractors and subcontractors subject...more

Sixth Circuit Holds Discrimination Based on Transgender Status is Prohibited Under Title VII

In a unanimous decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., a three-judge Sixth Circuit panel has held that discrimination on the basis of transgender status is “necessarily” discrimination on the basis of sex...more

Transgender and transitioning employees protected from discrimination in Ohio

by Bricker & Eckler LLP on

Last week, the Sixth Circuit (which covers Kentucky, Michigan, Ohio and Tennessee) held that Title VII provides transgender and transitioning employees with protection from employment-related discrimination....more

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