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Supreme Court of the United States › Gender Identity › LGBTQ

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

Ballard Spahr LLP on

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

ArentFox Schiff

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

ArentFox Schiff on

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

Offit Kurman

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

Offit Kurman on

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...

Sheppard Mullin Richter & Hampton LLP on

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

Proskauer - Law and the Workplace

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

Proskauer - Law and the Workplace on

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

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

Spilman Thomas & Battle, PLLC on

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

McAfee & Taft

When religion and DEI training collide

McAfee & Taft on

Since the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which clarified that Title VII’s protections against discrimination “based on … sex” included sexual orientation and gender identity, an increasing area of...more

Epstein Becker & Green

Supreme Court Declines to Hear Case Regarding Gender Dysphoria’s Status Under the Americans with Disabilities Act

Epstein Becker & Green on

On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s...more

Foley & Lardner LLP

Michigan Extends Employment Law Protections to Prohibit Discrimination Based on Sexual Orientation and Gender Identity

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Although many company equal employment opportunity and no-harassment policies prohibit discrimination or harassment based on sexual orientation and gender identity, not all applicable state civil rights laws provide such...more

Freeman Law

The Righteous Stand Bold Like a Lion | Bostock, Religious Organization Employers, and Title VII

Freeman Law on

This Insights blog addresses the aftermath of the monumental U.S. Supreme Court opinion of Bostock v. Clayton County, 140 S.Ct. 1731 (June 15, 2020) and the ongoing collision of the right to religious freedom enjoyed by...more

Rumberger | Kirk

In the Case of Public School Bathrooms: Separate Is Equal

Rumberger | Kirk on

Eleventh Circuit Says School’s Policy of Assigning Bathrooms Based on Biological Sex Does Not Violate U.S. Constitution - The issue on appeal for the Eleventh Circuit to decide was whether separating the use of male and...more

Adler Pollock & Sheehan P.C.

Developments in the Law on Protections for LGBTQ+ Employees

Adler Pollock & Sheehan P.C. on

The Supreme Court’s ruling in Bostock v. Clayton County,140 S. Ct. 1731, 1754 (2020) that expanded the prohibition against sex discrimination under Title VII (“Title VII”) of the Civil Rights Act to include discrimination on...more

Polsinelli

EEOC Issues Guidance Regarding Workplace Restrooms

Polsinelli on

On the one year anniversary of the Supreme Court’s decision in Bostock v. Clayton County, the EEOC has issued new guidance to clarify whether employers can segregate workplace restrooms by gender or sex. While not law, this...more

Pullman & Comley - School Law

OCR and DOJ Issue Clear Guidance that Denying Transgender Students Access to the Bathroom and Sports Team Corresponding to Their...

Pullman & Comley - School Law on

On June 22, 2021, the United States Department of Education, Office of Civil Rights (“OCR”) and the U.S. Department of Justice, Civil Rights Division (“DOJ) issued a joint Fact Sheet addressed to elementary and secondary...more

ArentFox Schiff

DOE Announces New Legal Interpretation: Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender...

ArentFox Schiff on

Last week, in a major break from its policy under the Trump administration, the US Department of Education's Office for Civil Rights issued a Notice of Interpretation, explaining that it will enforce Title IX's prohibition...more

Hinshaw & Culbertson LLP

[Webinar] LGBTQ+ Employment Law Roundup - June 23rd, 5:00 pm PT

Hinshaw & Culbertson LLP on

Join Hinshaw and the LGBTQ+ Lawyers Association of Los Angeles on June 23, 2021, as we commemorate June Pride Month with a webinar featuring practical guidance on LGBTQ+ employment and workplace issues. This one-hour CLE...more

Holland & Hart - Employers' Lawyers

Update Handbook, Policies to Include Sexual Orientation and Gender Identity

Holland & Hart - Employers' Lawyers on

Question: With the Supreme Court’s ruling on Title VII of the Civil Rights Act of 1964 regarding gender identification, can we leave the Title VII disclaimer in our company handbook and applications as is? Or does the wording...more

U.S. Equal Employment Opportunity Commission...

EEOC Announces New Resources about Sexual Orientation and Gender Identity Workplace Rights

U.S. Equal Employment Opportunity Commission... on

Federal Agency Continues Its Work in Forefront of LGBTQ+ Rights - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) is observing LGBTQ+ Pride Month, and the anniversary of the U.S. Supreme Court ruling...more

Rumberger | Kirk

Is School Policy for Transgender Student Bathroom Use Discriminatory Under Title IX?

Rumberger | Kirk on

School’s Policy Prohibiting the Presence of a Transgender Student in the Restroom That Matches Their Gender Identity May Be Unlawful Discrimination....more

Roetzel & Andress

Congressional Democrats Renew Efforts To Pass Equality Act

Roetzel & Andress on

Against the backdrop of the 2020 United States Supreme Court case of Bostock v. Clayton County, and with a Democratic president and majority in both houses of Congress, the Democratic majority in the House of Representatives...more

Franczek P.C.

Supreme Court Asked to Give Schools Much-Needed Guidance on Title IX and Transgender Rights

Franczek P.C. on

We have been speculating for quite some time now about what the U.S. Supreme Court will do with Title IX after its decision last term in Bostock v. Clayton County, Georgia. The landmark Bostock decision held that Title VII of...more

Foley & Lardner LLP

Anti-LGBTQ Bias – Not Just for Employment – So Don’t Discriminate in Housing, Health Care, Education, or Accommodations Either

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When the U.S. Supreme Court ruled last year (in the “Bostock” case) that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation and transgender status, many predicted the...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

TNG Consulting

Eleventh Circuit Extends Bostock to Protect Transgender Students under Title IX

TNG Consulting on

Adams v. Sch. Bd. of St. Johns Cty., 968 F.3d 1286 (11th Cir. 2020). Factual Summary: Drew Adams is a transgender male who was prohibited from using the boys’ restroom at his public high school. In the eighth grade,...more

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