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Protected Class Gender Identity Employer Liability Issues

Butler Snow LLP

Trump and DEI: What Does a Second Term Mean for Employers?

Butler Snow LLP on

In the flurry of executive orders issued shortly after being sworn for a second term, President Donald Trump issued two executive orders and one presidential action dismantling all diversity, equity, and inclusion (DEI)...more

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

EEOC Publishes Long-Awaited Final Guidance on Workplace Harassment

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of new workplace harassment guidance for employers, formally updating the EEOC’s position on the legal standards and employer...more

Ius Laboris

Japan adopts LGBTQ awareness legislation

Ius Laboris on

In June 2023, the ‘Act on the Promotion of Citizens’ Understanding of Diversity of Sexual Orientation and Gender Identity’ was enacted by the Japanese legislature (the Diet)....more

Venable LLP

It's Time to Refresh Your Anti-Harassment Training: The EEOC Proposes Updated Guidance on Discrimination and Harassment in the...

Venable LLP on

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued Proposed Enforcement Guidance on Harassment in the Workplace (Proposed Enforcement Guidance), which will supersede its prior guidance on...more

Miles & Stockbridge P.C.

EEOC-Proposed Workplace Harassment Guidance Broadens Definition of ‘Harassment’

Miles & Stockbridge P.C. on

The Equal Employment Opportunity Commission (EEOC) released earlier this month updated proposed guidance on harassment in the workplace, largely based on developments in applicable case law and societal trends coming out of...more

Jackson Lewis P.C.

New York Enacts Laws on Captive Audience Meetings, Wage Theft, Gender Identity

Jackson Lewis P.C. on

During a busy term at the New York Legislature, Governor Kathy Hochul signed legislation prohibiting captive audience meetings, categorizing wage theft as larceny, and expanding protection of “gender identity or expression”...more

Constangy, Brooks, Smith & Prophete, LLP

Illegal or ill-mannered? Title VII meets Ms. Manners

Is it discriminatory to discipline employees for wearing #BLM face masks? When does Supervisor Karen cross the line from rude into discrimination? And join us to count down the top eight things you should never, ever say in...more

Fisher Phillips

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

Fisher Phillips on

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

Miles & Stockbridge P.C.

Virginia Businesses Should Brace Themselves for Sweeping Employment Law Changes Taking Effect July 1 – Part One

Effective July 1, 2020, Virginia’s employment laws are substantially changing to provide broader protections to employees in many areas. We previously summarized the Virginia Values Act (VVA) here which goes into effect on...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

FordHarrison

Gender Identity Complexity: From the Olympics to the Workplace

FordHarrison on

Olympic runner Caster Semenya, a woman by her own identification, was born with a unique body. While outwardly female, her body produces an excess of testosterone compared with other women. Olympic authorities have at times...more

Hogan Lovells

New York State Statute Now Protects Gender Identity in the Workplace

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Employers in New York should ensure that their policies and practices are compliant with changes to New York law that are set to take effect soon....more

Sheppard Mullin Richter & Hampton LLP

Transgender Discrimination Outlawed in New York

On January 25, 2019, New York Governor Andrew Cuomo signed into law the Gender Expression Non-Discrimination Act (GENDA), which prohibits discrimination based on gender identity or expression. Under the law, “gender identity...more

Akerman LLP - HR Defense

DOJ Contradicts EEOC over Title VII’s Applicability to Transgender Employees

Akerman LLP - HR Defense on

The Department of Justice is now squarely at odds with the Equal Employment Opportunities Commission over whether Title VII’s prohibition on sex discrimination also applies to discrimination against transgender employees. ...more

Troutman Pepper Locke

New Pa. Guidance Interprets Anti-Discrimination Law to Cover LGBT Individuals

Troutman Pepper Locke on

In a significant development for Pennsylvania employers, the Pennsylvania Human Relations Commission (PHRC) has issued new guidance announcing that it takes the position that employment discrimination based on LGBT status is...more

Pierce Atwood LLP

New Hampshire Passes Gender Identity Law

Pierce Atwood LLP on

On June 8, 2018, New Hampshire Governor Chris Sununu signed, “An Act Prohibiting Discrimination Based on Gender Identity,” which adds gender identity as a protected characteristic to state anti-discrimination laws. ...more

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

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

Patterson Belknap Webb & Tyler LLP

Second Circuit Breaks Ground: Sexual Orientation Discrimination Federally Protected

On February 26, 2018, the Second Circuit ruled for the first time that discrimination based on sexual orientation is unlawful under Title VII of the Civil Rights Act of 1964. The question at issue in Zarda v. Altitude...more

Stinson LLP

Second Circuit Joins Seventh in Expanding Gender Discrimination Definition

Stinson LLP on

On February 26, 2018, the U.S. Court of Appeals for the Second Circuit issued an en-banc opinion holding that an employment action based on sexual orientation is discrimination based on sex....more

Troutman Pepper Locke

Circuit Split on Sexual Orientation Discrimination Continues With New Second Circuit Opinion

Troutman Pepper Locke on

On February 26, the U.S. Court of Appeals for the Second Circuit joined the Seventh Circuit in holding that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964 (Title VII). Zarda v....more

Gray Reed

Game Changer? New Sex Discrimination Case Regarding Sexual Orientation

Gray Reed on

Discrimination based on sex is illegal. Does that include sexual orientation? It depends on where you live. In Texas, discrimination based on sexual orientation may be inappropriate, but it is not illegal. Elsewhere in the...more

Ballard Spahr LLP

The Split Deepens: 2nd Circuit Holds that Title VII Bans Sexual Orientation Discrimination

Ballard Spahr LLP on

The U.S. Supreme Court now has a greater incentive to resolve the issue of whether Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sexual orientation....more

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

An Insider’s Look at California’s New Gender Identity Regulations: Restroom Access, Pronoun Preference, and More

Regulations drafted by California's Fair Employment and Housing Council addressing issues related to gender identity will become effective July 1, 2017. These first-of-their-kind California regulations will seek to do what...more

Akerman LLP - HR Defense

What’s in a Pronoun? Liability for Employers

Political correctness in the workplace has become increasingly complex. Employers who have referred to transitioning employees with the wrong pronoun have found themselves in the crosshairs of the EEOC. But what about those...more

McNees Wallace & Nurick LLC

Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

The Equal Employment Opportunity Commission (‘EEOC”) has been aggressively advancing its position that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation even though sexual...more

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