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Supreme Court of the United States › Gender Identity

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Ballard Spahr LLP

New (Old) Battlegrounds: The Administration’s Targeting of Transgender Rights

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Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals....more

McGuireWoods Consulting

Health Care Executive Orders And Legal Actions: Part One

McGuireWoods Consulting on

This is part one of a series of executive orders related to health care. Transgender Care - Protecting Children from Chemical and Surgical Mutilation...more

ArentFox Schiff

The Uncertain Future of Gender-Affirming Care for Minors, Part 1: United States v. Skrmetti

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Gender-affirming care (GAC) is a model of care encompassing medical, surgical, mental health, and non-medical services to support transgender and nonbinary individuals in affirming their gender identity. Advocates argue that...more

Holland & Knight LLP

Executive Order: Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government

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Date Issued: Jan. 20, 2025 This executive order directs federal agencies and federal employees to interpret "sex" solely as an immutable binary biological classification determined at conception. The order also requires...more

Offit Kurman

Defending Women from Gender Ideology an Individual’s Sex Is Not a Simple Matter

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On January 20, 2025, President Donald Trump issued the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive mandates that all federal...more

Sheppard Mullin Richter & Hampton LLP

Analyzing President Trump’s “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal...

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On January 20, 2025, President Trump issued an Executive Order titled, “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” (the “EO”). The EO declares that “[i]t is the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Overview of Trump’s Executive Actions and Considerations for Potential Litigation

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The Trump administration has taken, and continues to take, executive actions that have the potential to significantly affect the public and private sectors alike. The result is an ever-changing legal environment presenting...more

Best Best & Krieger LLP

Presidential Executive Orders and The Workplace

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Inauguration week yielded a flurry of presidential executive orders, including 26 on Monday, January 20, 2025, alone. Many of those orders seem to be creating buzz, if not serious and understandable confusion, about possible...more

Butler Snow LLP

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

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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

McAfee & Taft

Trump redefines ‘sex’ in executive order

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Within hours of taking office for a second term, President Trump issued a flurry of executive orders and actions on topics ranging from immigration and climate change to revoking DEI mandates. While many of these actions are...more

Proskauer - Law and the Workplace

President Trump’s Executive Order on Recognizing Two Sexes: Implications for Private Employers

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On Monday, January 20, 2025, President Donald Trump issued an Executive Order entitled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government” (the “Order”).  The Order...more

Foley & Lardner LLP

President Trump’s “Rescission” Executive Order

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Among the executive orders issued by President Trump on January 20, 2025, was one titled Initial Rescissions of Harmful Executive Orders and Actions (the “Order”). The Order’s stated purpose is to retract what it describes...more

Constangy, Brooks, Smith & Prophete, LLP

ACLU, others back EEOC in challenge to Enforcement Guidance on harassment

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The bathroom battle (among others) continues. The State of Texas and the Heritage Foundation, on behalf of employers, have challenged the EEOC's recent Enforcement Guidance on Harassment in the Workplace. The lawsuit alleges...more

Hall Benefits Law

U.S. Supreme Court to Review Tennessee State Ban on Gender-Affirming Care

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The U.S. Supreme Court has agreed to review a decision of the U.S. Court of Appeals for the Sixth Circuit that upheld a Tennessee state law banning gender-affirming care for minors and overturned a lower court injunction that...more

Bass, Berry & Sims PLC

Chevron No More: The Impact on Benefit Plans

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On June 28, 2024, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce (Loper Bright), overturning Chevron U.S.A. Inc v. Natural...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Rejects Education Department’s Bid to Stay Injunctions Barring Enforcement of New Title IX Rules

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The Court’s decision leaves in place injunctions barring ED from enforcing the new regulations in over 20 states and against nearly 700 institutions of higher education. The Education Department (ED) released new Title IX...more

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

Different School of Thought, Part IV: Partial Stays of Injunctions Against Enforcement of New Title IX Regs Requested From Supreme...

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On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the...more

Ballard Spahr LLP

Courts Invalidate ACA Regulations Following Demise of Chevron Deference

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Following the U.S. Supreme Court’s recent decision to overturn its landmark 1984 Chevron decision, three district courts have struck down provisions in nondiscrimination regulations under the Affordable Care Act that prohibit...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 7, July 2024

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July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights.    In this final summer edition, we look ahead to the new academic year and cover the following...more

Bricker Graydon LLP

Breaking News: Supreme Court Title IX Update

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On July 22, 2024, the Solicitor General, Elizabeth B. Prelogar, submitted applications to the United States Supreme Court seeking partial stays on injunctions from the Western District of Louisiana and the Eastern District of...more

Bass, Berry & Sims PLC

New Title IX Regulations Halted in Additional States and at Hundreds of Institutions as Department of Education Continues to...

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With the August 1, 2024, effective date of the Department of Education’s April Title IX regulations (Final Rule) just weeks away, court action in pending lawsuits challenging the Final Rule across the country continues. The...more

Perkins Coie

June Tip of the Month: Updated EEOC Guidance Enhances Gender Identity and Sexual Orientation Protections

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its new Enforcement Guidance on Harassment in the Workplace (the Guidance), the first update to its Guidance in over 20 years. Among the many...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

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If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Foley Hoag LLP

EEOC Releases Updated Guidance on Workplace Harassment

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance sets forth the EEOC’s position on harassment that constitutes...more

Butler Snow LLP

EEOC Updates Harassment Guidance for First Time in 25 Years

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Almost seven months after seeking public comment on an initial proposed version, and more than seven years after first attempting to update its guidance on the issue, the Equal Employment Opportunity Commission issued on...more

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