News & Analysis as of

LGBTQ

Federal Court Rulings Growing in Favor of LGBT+ Employees

As members of the lesbian, gay, bisexual and transgender community (LGBT+) are increasingly open at work about their identities, circuit courts are recognizing that Title VII of the Civil Rights Act protects them from...more

Utah 2018 Legislative Report: Employment Law Developments

by Payne & Fears on

The 2018 General Session of the Utah Legislature saw significant developments in some areas of employment law, while in other areas Salt Lake City or other states implemented changes that may point to further action in future...more

Episode 35: LGBTQ Workplace Inclusion and Rights

by Akerman LLP on

In this episode, Matt Steinberg welcomes renowned attorney/litigator James Esseks, the Director of ACLU’s Lesbian, Gay, Bisexual, Transgender & HIV Project, for an important conversation about promoting LGBTQ inclusion in the...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

[Podcast]: Recent Developments in Title VII

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the latest developments in Title VII. We will discuss the two recent circuit court decisions concerning the scope of sex...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

Oklahoma transgender employee seeks reinstatement

by McAfee & Taft on

In November we alerted employers that an Oklahoma City federal court jury awarded Rachel Tudor, a transgender employee, $1.165 million in her discrimination, retaliation and hostile work environment lawsuit against...more

6th Circuit: Transgender Discrimination Is Sex Discrimination

by Weiner Brodsky Kider PC on

The Sixth Circuit Court of Appeals recently held that a funeral home engaged in sex discrimination, in violation of Title VII of the Civil Rights Act, when it fired a transgender employee for expressing her intent to...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

Emerging LGBTQ Protections: Two Circuits Expand Coverage of Title VII

by Nexsen Pruet, PLLC on

Nexsen Pruet’s webinar series presentation last month was on Hot Topics in Employment Discrimination and included a segment on the ABC’s of LGBTQ issues in the workplace. As we discussed in the webinar, the Fourth Circuit...more

Sixth Circuit rules Title VII outweighs religious defense in case of transgender employee

by McAfee & Taft on

While the debate is still not settled as to whether Title VII’s prohibition on sex discrimination applies to LGBTQ workers, at least one more federal appeals court has officially weighed in on the subject. On March 7, 2018,...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

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