News & Analysis as of September 18, 2024

Gender Identity

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

EEOC Sues Two Employers for Sex Discrimination

U.S. Equal Employment Opportunity Commission... on 6/14/2024

Federal Agency Charges That the Companies Discriminated Against Employees Because of Their Sexual Orientation and/or Gender Identity - MOBILE, Ala. and CHICAGO – Harmony Hospitality LLC, which operates a Home2 Suites by...more

OFCCP Week In Review: May 2024 #3

DirectEmployers Association on 5/21/2024

Monday, May 13, 2024: Coalition of 18 Republican States’ Attorney Generals Filed Suit to Challenge EEOC’s Harassment Guidance - A coalition of 18 Republican state attorney generals (“AGs”), led by Tennessee Attorney...more

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

FordHarrison on 5/2/2024

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

Reverse gender identity discrimination? Yes, it's a thing.

Constangy, Brooks, Smith & Prophete, LLP on 4/12/2024

What's good for the goose . . . A person who is discriminated against for not being transgender can have a valid claim under Title VII for “sex” (really, gender identity) discrimination. In McCreary v. Adult World, Inc., a...more

Seventh Circuit Takes On Religious Discrimination

Manatt, Phelps & Phillips, LLP on 5/24/2023

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

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

Epstein Becker & Green on 10/12/2022

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

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

Stokes Wagner on 9/23/2022

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

Developments in the Law on Protections for LGBTQ+ Employees

Adler Pollock & Sheehan P.C. on 7/8/2022

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

Frizzell Furniture to Pay $60,000 to Resolve EEOC Sex Discrimination Charge

U.S. Equal Employment Opportunity Commission... on 10/28/2021

Furniture Retailer Did Not Hire Applicant Because He Is Transgender, Federal Agency Found - MINNEAPOLIS – Frizzell Furniture, a furniture retailer with locations in northern Minnesota, has agreed to pay $60,000 and has...more

OFCCP Week In Review: September 2021 #4

DirectEmployers Association on 9/27/2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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

Butler Snow LLP on 7/8/2021

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

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

Fisher Phillips on 6/29/2021

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

[Webinar] LGBTQ+ Employment Law Roundup - June 23rd, 5:00 pm PT

Hinshaw & Culbertson LLP on 6/22/2021

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

One Year Later: Have Employers Taken Stock Following Bostock?

Ward and Smith, P.A. on 6/18/2021

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

Biden Administration Issues Order on Gender Identity and Sexual Orientation

Morgan Lewis on 1/25/2021

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

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

Hinshaw & Culbertson - Employment Law... on 11/9/2020

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

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

Nelson Mullins Riley & Scarborough LLP on 9/25/2020

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

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

BCLP on 9/15/2020

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

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

Polsinelli on 9/10/2020

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

Court Revives Mr. Bostock's Sexual Orientation Lawsuit

Constangy, Brooks, Smith & Prophete, LLP on 8/28/2020

In light of his Supreme Court win in June. The U.S. Court of Appeals for the Eleventh Circuit has revived a Title VII lawsuit filed by Gerald Bostock, who had sued Clayton County, Georgia, alleging that the county terminated...more

Federal Court Blocks HHS Rule on Sexual Orientation

Rivkin Radler LLP on 8/18/2020

The U.S. District Court for the Eastern District of New York has blocked the U.S. Department of Health and Human Services (HHS) from enforcing a new rule that limited sex discrimination in healthcare to discrimination based...more

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

Foley & Lardner LLP on 8/10/2020

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

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

Fisher Phillips on 8/5/2020

You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

LGBTQ Employees Can Sue for Termination – What Other Employment Policies Do You Now Need to Review?

Foley & Lardner LLP on 8/4/2020

A few weeks ago, we told you the story of Hannah and Bob, and the U.S. Supreme Court’s landmark holding that under Title VII of the Civil Rights Act of 1964, it is impossible to discriminate against a person for being gay,...more

Supreme Court Recognizes Discrimination Protection For Gay/Transgender Employees Under Title VII

Proskauer - California Employment Law on 8/4/2020

Bostock v. Clayton County, 590 U.S. ___, 140 S. Ct. 1731 (2020) - The question for the United States Supreme Court in this (and two companion cases) was whether Title VII of the Civil Rights Act of 1964 is violated by an...more

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