News & Analysis as of

LGBTQ Supreme Court of the United States Discrimination

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Expresses Skepticism Over Higher Burden in Majority Discrimination Cases

The Supreme Court of the United States recently heard oral arguments in a case to determine whether employees who are part of a majority group must meet a higher standard to prove discrimination....more

Foley & Lardner LLP

Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

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“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

Constangy, Brooks, Smith & Prophete, LLP

2.6 million reasons to keep the 303 Creative holding in perspective

On July 16, Time (the publisher I once knew as Time Magazine) posted an article titled “The Implications of the Supreme Court’s 303 Creative Decision Are Already Being Felt.” The article says that in the first few days after...more

Morgan Lewis

Biden Administration Issues Order on Gender Identity and Sexual Orientation

Morgan Lewis on

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

Fox Rothschild LLP

Supreme Court Expands Employment Anti-Discrimination Laws To Protect The LGBTQ Community. Fair Housing Is Likely Next.

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In a decision which will likely expand the scope of the federal Fair Housing Act (FHA) by analogy, the U.S. Supreme Court concluded earlier today that a 1960’s era civil rights statute protects gay and transgender workers. By...more

Ballard Spahr LLP

Title VII Protects Against Sexual Orientation Discrimination, 7th Circuit Holds

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In a landmark decision, the Seventh Circuit has become the first federal court of appeals to find that Title VII of the Civil Rights Act of 1964 prohibits discrimination against individuals because of their sexual...more

Seyfarth Shaw LLP

Seventh Circuit Finds Discrimination on the Basis of Sexual Orientation Prohibited by the Civil Rights Act

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Seyfarth Synopsis: The Seventh Circuit becomes the first appellate court to hold that discrimination on the basis of sexual orientation is prohibited as sex discrimination under Title VII. The decision establishes a circuit...more

Franczek P.C.

In a Landmark Ruling, the Seventh Circuit Becomes First Court of Appeals to Ban Sexual Orientation Discrimination

Franczek P.C. on

Setting the stage for the U.S. Supreme Court to tackle the issue, the Seventh Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin) yesterday overturned decades of precedent and held that Title VII of the...more

FordHarrison

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

FordHarrison on

As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more

Robinson+Cole Data Privacy + Security Insider

DOE and DOJ Withdrawl of “Dear Colleague” Letter Leaves FERPA’s Guidance Unresolved

On February 22, 2017, the Department of Justice (DOJ) and Department of Education (DOE) withdrew their May 13, 2016 “Dear Colleague” letter that provided guidance on steps to protect transgender students under Title IX of the...more

Franczek P.C.

Administration Withdraws Transgender Guidance While Considering Legal Issues

Franczek P.C. on

The U.S. Department of Justice (DOJ) and Department of Education (DOE) jointly issued a statement rescinding the guidance on transgender students’ rights under Title IX issued to school districts nationwide in May. The prior...more

Franczek P.C.

New Administration Signals Change on Support of Transgender Guidance

Franczek P.C. on

On Friday, the Trump administration signaled that it will not defend the guidance given by the U.S. Department of Justice (DOJ) and Department of Education (DOE) last May on transgender students’ rights under Title IX of the...more

Seyfarth Shaw LLP

Supreme Court to Rule on Case Addressing Bathroom Access Based on Gender Identity

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On October 28, 2016, the U.S. Supreme Court agreed to hear an appeal in the matter of Gloucester County School Board v. G.G., which asks the Court to weigh in on the issue of restroom access for transgender students. The...more

Ballard Spahr LLP

SCOTUS Grimm decision could impact CFPB position on ECOA protection for gender identity and sexual orientation

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On October 28, 2016, the U.S. Supreme Court granted the petition for a writ of certiorari in Grimm v. Gloucester County School Board, a decision of the U.S. Court of Appeals for the Fourth Circuit that marked the first time...more

Kelley Drye & Warren LLP

The Supreme Court’s Same-Sex Marriage Ruling & Its Employment Implications

Unless you’ve been living under a rock, you probably are well aware that on June 26, 2015, the U.S. Supreme Court ruled that same sex couples have a constitutional right to marry and have their marriages recognized across the...more

Seyfarth Shaw LLP

Same-Sex Marriage Bans As Sex Discrimination: The potential impact on plan sponsors

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In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question: Counsel, I’m, I’m not sure it’s necessary to get into sexual orientation to resolve...more

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