News & Analysis as of

Gender Identity

Sexual Harassment Training Must Now Include Gender Identity, Gender Expression and Sexual Orientation

by Ervin Cohen & Jessup LLP on

In light of the substantial media attention given to sexual harassment issues in recent months, employers should anticipate new legislation on this topic. Senate Bill 396, however, was drafted before the increased focus on...more

California Employers: Know and Comply With New Laws Affecting Your Business in 2018

by Faegre Baker Daniels on

Following its pattern in recent years, in 2017 the California legislature enacted many new laws affecting California employers. The new laws address several topics, including: - Broader gender-related discrimination,...more

Dr. King’s Message Rings True Today In The Context Of The LGBTQIA Community

Martin Luther King, Jr. wrote from a jail cell in Birmingham in 1963, "[t]here are two types of laws: there are just laws and there are unjust laws....How does one determine when a law is just or unjust?...Any law that...more

Legislation Affecting California’s Employment Regulations

by Wilson Elser on

California Assembly Bill No. 168 – Salary Information - Labor Code section 1197.5 prohibits employers from paying any employees at wage rates less than the rates paid to employees of another sex, race or ethnicity for...more

“M,” “F,” Or “X”? Nonbinary Gender Designations In The Workplace

by Fisher Phillips on

You are probably familiar with the concept of transgender status and, even if you haven’t already addressed such a situation at your workplace, you probably have a rough idea of how you would handle a situation involving an...more

What Changes Are In Store For California Employers in 2018?

by McManis Faulkner on

As 2017 draws to a close, now is an opportune time for California employers to review the new employment laws scheduled to take effect in 2018 and ensure compliance. As with past years, the new crop of employment laws are...more

SCOTUS Declines to Hear Sexual Orientation Discrimination Case

The United States Supreme Court has denied certiorari in the case of Evans v. Georgia Regional Hospital, in effect leaving in place an Eleventh Circuit ruling that Title VII of the Civil Rights Act of 1964 does not cover...more

Employment Law Commentary, December 2017 - The California Legislature and the Trump Administration: Different Directions

by Morrison & Foerster LLP on

It was another busy year in the California Legislature with regard to employment and labor issues. Of particular note for California employers are the new laws related to employee hiring practices with the prohibitions on...more

New California Labor and Employment Laws for 2018

by Holland & Knight LLP on

• 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

CAS Legal Mailbag Question of the Week – December, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As the principal of a middle school, life is always interesting and I have learned a lot. However, last week something came up that I have heard about but never had to address. Originally published...more

The 12 days of California Labor & Employment Series – Day 3 “Transgender Work Opportunity Act”

by Hinshaw & Culbertson LLP on

It’s the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next “12 days of...more

Supreme Court Refuses to Hear Sexual Orientation Discrimination Case

In a ruling today, the Supreme Court refused to hear a case challenging whether Title VII protects employees from sexual orientation discrimination. The case involved a woman from Georgia who alleged that she was harassed and...more

SCOTUS declines to determine whether Title VII covers sexual orientation

by McAfee & Taft on

In a bit of a surprise move, the U.S. Supreme Court today passed on an opportunity to provide some long-awaited clarity on the interplay between sexual orientation and Title VII of the Civil Rights Act of 1964. In Evans v....more

California's New Anti-Harassment Training Requirement (SB 396). Are You Ready?

On October 15, 2017, California passed Senate Bill (SB) 396, a new law that requires employers to train supervisors on how to identify and prevent harassment based on gender identity, gender expression and sexual orientation....more

New Transgender Rights Requirements for California Employers

by Hogan Lovells on

Transgender and gender non-conforming employees now have added protections in California workplaces. On October 15, 2017, Governor Jerry Brown of California signed an amendment to California’s Fair Employment and Housing Act...more

WPI State of the States: Lawmakers Trade Jostling Bills for Jingle Bells

by Littler on

With the holidays in full swing, state legislators across the country are enjoying a bit of a lull. December traditionally marks the calm before the storm, as most legislatures are out of session and will reconvene in...more

Ready or Not, Here It Comes! 2018 Brings New Labor & Employment Laws, Primarily at the State Level

by Littler on

As we prepare to turn the calendar to 2018, employers look ahead to the next wave of labor and employment regulations. On January 1, 2018, and throughout the coming year, employers across the nation will confront a host of...more

Short-Term Disability Denial for Gender Reassignment

by Bowditch & Dewey on

In Baker v. Aetna, (U.S. Northern District Court of Texas, 2017), Charlize Marie Baker filed claims against her employer and Aetna after having been denied benefits under the health plan and the short-term disability plan for...more

A Nationwide Standstill: Extending the Definition of Sex Discrimination to Include Gender Identity

by Bowditch & Dewey on

On December 31, 2016, the Federal District Court for the Northern District of Texas issued a nationwide injunction blocking the implementation or enforcement of Section 1557’s provision extending the definition of sex...more

D.C. District Court Issues Injunction Against Transgender Military Ban

by FordHarrison on

As previously reported by these authors, on July 26, 2017, President Trump announced via Twitter that transgender individuals will no longer be permitted to serve in the military. President Trump issued an official memorandum...more

California: The Transgender Work Opportunity Act

by Stinson Leonard Street on

On October 15, 2017, California Governor Jerry Brown signed SB 396, the Transgender Work Opportunity Act. Under the Transgender Work Opportunity Act, starting on January 1, 2018, all California employers with 50 or more...more

Is a Dependent’s Gender Reassignment Covered Under Employer-Sponsored Benefits Plans?

by Bowditch & Dewey on

In Tovar v. Essentia Health (U.S. 8th Circuit Court of Appeals, 2017), Brittany Tovar sought and was denied benefits needed for her son’s gender reassignment based on a diagnosis of gender dysphoria, as the Essentia health...more

California Governor Signs SB 396 Requiring Training on Gender Identity Harassment

by Conn Maciel Carey LLP on

Only a few months after the California Department of Fair Employment and Housing amendments to the FEHA regulations went into effect on July 1, 2017, which centralize, clarify, and expand protections for transgender...more

Louisiana Court Finds Executive Order Extending Protections to LGBT Employees of State Contractors Unconstitutional

In April of 2016, Louisiana Governor John Bel Edwards signed Executive Order JBE 2016 – 11, which sought to protect lesbian, bisexual, gay, and transgender individuals, among other protected classes, from discrimination...more

TITLE VII: Court Breaks from Department of Justice on Transgender Rights

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western...more

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