News & Analysis as of

Freedom of Religion Gender Identity

BCLP

Balancing Protected Characteristics - Religious Belief v Sexual Orientation: Ngole v Touchstone Leeds

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This week we focus on a new case looking at the difficulties between balancing protections of religious belief with the rights and protections of LGBTQI+ individuals....more

Manatt, Phelps & Phillips, LLP

[Webinar] The Litigation Trends Transforming Health Care: ‘Must-Watch’ Cases and Issues in 2023 and Beyond - April 26th, 1:00 pm -...

A multitude of forces are converging to remap our health care landscape—from the impact of the Dobbs decision to the controversies around transgender rights to the uncertainty around telehealth coverage as the COVID-19 public...more

Jackson Lewis P.C.

Developments To Monitor In 2021: LGBTQ+ Rights And Freedom Of Religion In The Workplace

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As 2021 begins, Jackson Lewis is again providing “The Year Ahead for Employers” to clients. This comprehensive report covers all aspects of employment law and highlights 2020 issues, trends, legislative and regulatory...more

Foley & Lardner LLP

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

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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

Nelson Mullins Riley & Scarborough LLP

[Webinar] Promoting Human Rights While Maintaining Order and Religious Freedom - June 16th, 12:30 pm - 1:30 pm EDT

The rights of individuals and groups to exercise freedom of religion and freedom of association are bedrock principles of the American existence. However, conflicts sometimes arise between individuals and groups exercising...more

McNees Wallace & Nurick LLC

Recent Guidance Interprets Pennsylvania Human Relations Act to Protect LGBTQ Community

Perhaps the most significant EEO issue percolating through the federal court system right now is whether Title VII’s prohibition against sex discrimination encompasses discrimination on the basis of sexual orientation and...more

Miles & Stockbridge P.C.

Sixth Circuit Extends Title VII Protection to Gender Identity Discrimination, Joining Second and Seventh Circuits

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

Akerman LLP - HR Defense

Department of Health and Human Services Proposes New Rule For Healthcare Workers In The Name of Religious Freedom

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

Foley & Lardner LLP

Sixth Circuit Confirms Title VII Protection for Transgender Status and Rejects Religious Belief Defense

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Earlier this month, we discussed the Second Circuit Court of Appeals’ decision concluding that Title VII prohibits discrimination on the basis of sexual orientation. Days later, the Sixth Circuit Court of Appeals (covering...more

Akerman LLP - HR Defense

Transgender Rights Trump Religious Rights in Sixth Circuit Case

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

Butler Snow LLP

Two Federal Courts Of Appeal Find That Title VII Prohibits Workplace Discrimination On The Basis Of Sexual Orientation And...

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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

FordHarrison

Sixth Circuit Holds Transgender Status Is Protected by Title VII and Rejects Religious Freedom Restoration Act Defense

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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

Mintz - Employment Viewpoints

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

Constangy, Brooks, Smith & Prophete, LLP

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

Littler

Federal Appeals Court Finds Title VII Precludes Discrimination Based On Transgender Status

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

Obermayer Rebmann Maxwell & Hippel LLP

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

McNees Wallace & Nurick LLC

Sixth Circuit Rules Discrimination Against Transgender Employees Violates Title VII

The Sixth Circuit Court of Appeals has held that discrimination against transgender/LBGTQ employees is discrimination on the basis of sex that violates Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity...more

Bricker Graydon LLP

Transgender and transitioning employees protected from discrimination in Ohio

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Last week, the Sixth Circuit (which covers Kentucky, Michigan, Ohio and Tennessee) held that Title VII provides transgender and transitioning employees with protection from employment-related discrimination....more

Seyfarth Shaw LLP

Sixth Circuit Finds EEOC’s Enforcement Of Title VII Does Not Need To “Give Way” To Religious Freedom Restoration Act

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Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong...more

Seyfarth Shaw LLP

The Sixth Circuit Sides With The EEOC’s Position On Scope Of Title VII Relative To Gender Identity

Seyfarth Shaw LLP on

Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong...more

Seyfarth Shaw LLP

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

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Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

Bowditch & Dewey

Let Them Eat Cake!

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The competing interests of an individual’s First Amendment right to religious freedom and an individual’s right to be free from discrimination will be addressed by the Supreme Court of the United States (“SCOTUS”) in the...more

Constangy, Brooks, Smith & Prophete, LLP

The EEOC’s Defeat In Detroit: Pants, Skirts, Gender Identity, And Religion

Last week, I reported that summary judgment was granted against the Equal Employment Opportunity Commission in its transgender discrimination lawsuit against R.G. and G.R. Harris Funeral Homes, linked to the decision (but...more

McGuireWoods LLP

Is Religious Freedom a Defense to LGBT Discrimination Claims?

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Certainly, the trend in employment law has been toward greater equality for lesbian, gay, bisexual and transgender (LGBT) employees. Same-sex marriage is now the law of the land due to the Supreme Court’s ruling last summer...more

Bradley Arant Boult Cummings LLP

After Second Thought……..North Carolina Governor Signs Executive Order Rolling Back Portions of Controversial Law

Just weeks after he signed HB 2, which covered transgender bathroom access, on April 12, North Carolina Governor Pat McCory signed an Executive Order clarifying and apparently attempting to repeal certain aspects of the law. ...more

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