News & Analysis as of

Sexual Orientation Discrimination Gender Discrimination Gender Identity

TITLE VII: Court Breaks from Department of Justice on Transgender Rights

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western...more

U.S. Department of Justice Rescinds Policy Protecting Transgender Employees

by Franczek Radelet P.C. on

On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant...more

Ongoing Debate Over Scope Of Workplace Bias Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 5, 2017, U.S. Attorney General Jeff Sessions issued an agency memorandum stating that the language contained in Title VII of the Civil Rights Act of 1964, “does not prohibit discrimination based...more

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

by Seyfarth Shaw LLP on

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

Gender Identity Discrimination – Prohibited or Not?

by Akerman LLP - HR Defense on

Still confused as to where the Trump administration stands on whether Title VII prohibits discrimination based on gender identity? Attorney General Jeff Sessions’ recent announcement should clarify that for you. So what’s an...more

Is Gender Identity a Protected Class?

by LeClairRyan on

The Obama era Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) would have said, “YES.” Recently, the Trump Administration’s DOJ answered that question with a “NO,” reversing the federal...more

What Does Attorney General’s Memo on Transgender Rights Mean for Employers?

LGBTQ workplace rights is perhaps the most rapidly evolving area in employment law. On October 4, 2017, United States Attorney General Jeff Sessions formally weighed in on the topic. He issued a memorandum to all federal...more

Attorney General Nixes Title VII Gender I.D. Protection

by Sherman & Howard L.L.C. on

Attorney General Jeff Sessions informed U.S. Attorneys and federal agencies on Wednesday that Title VII does not protect gender identity as a status. Noting that the position was a “conclusion of law, not policy,” Sessions...more

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

by Franczek Radelet P.C. on

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

State of Connecticut Provides Guidance on Changes to Education Records of Transgender Students

The Connecticut State Department of Education (DOE) recently published guidance on implementing civil rights protections for transgender students. The guidance, in part, provides information on issues related to requests that...more

What to Do with the Federal Government's Internally Inconsistent Interpretations of Title VII

Less than two and a half years ago, the federal government and courts generally agreed that Title VII did not prohibit discrimination on the basis of sexual orientation. But that consensus is no longer; within the last six...more

Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

by FordHarrison on

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the...more

Four hot mid-year topics in California employment law

by Thompson Coburn LLP on

As California sizzles under scorching temperatures, state and local governments have turned up the heat on employers. Employers should be aware of and make sure they are in compliance with important legislative changes...more

New California Transgender Regulations: Employer Do's & Don'ts

by Ballard Spahr LLP on

California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope...more

Best in Law: What to do to Comply with Transgender Laws - New California Laws Took Effect July 1

by Best Best & Krieger LLP on

California is continuing to be a leader on emerging civil rights issues. Back in 2004, California enacted laws to protect transgender workers. Transgender issues have become a front-burner topic.   On the national scene,...more

No Summer Break for Employers: New Duties Start July 2017

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Just when you thought it was safe to relax for the summer, California is giving employers four new reasons to keep on their toes. Laws going into effect on July 1, 2017, will address (1) domestic violence,...more

Employment Law Authority - May/June 2017

THE EVOLVING DEFINITION OF SEX(UAL ORIENTATION) UNDER TITLE VII - On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated decision in Hively v. Ivy Tech Community College of Indiana, making...more

New Federal Court Interpretation for Transgender Protections

by Barley Snyder on

In a decision that could have significant implications in the ongoing tug-of-war in the scope of protection afforded transgender individuals under federal law, a holding this week from a federal appeals court applied a novel...more

North Carolina Enacts Law Repealing "Bathroom" Bill But Limiting Local Anti-Discrimination Laws

by Littler on

Last week, North Carolina lawmakers repealed the state’s controversial House Bill 2 (“HB 2”), which had required individuals to use the public bathroom that corresponds with the sex on their birth certificate, along with...more

North Carolina’s Bathroom Law Gets Flushed: What Employers Need To Know

by Fisher Phillips on

Last week, North Carolina’s controversial “bathroom law” was repealed – but not without further controversy. When Governor Roy Cooper signed legislation repealing the law on March 29, 2017, many were upset that the law was...more

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

by 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

Shifting sands: the changing landscape of transgender discrimination

by Kirton McConkie PC on

Laws related to transgender discrimination are in a state of rapid flux. In the past couple of years, courts’ views on the law, particularly federal ones, have swung back and forth like a pendulum. Indeed, the interpretation...more

Eleventh Circuit Court of Appeals Decision Lends Further Confusion to Title VII Protections

by Bowditch & Dewey on

In a rather disconnected decision on March 10, the United States Court of Appeals for the 11th Circuit ruled, in the case of Evans v. Georgia Regional Hospital, that while Title VII bars an employer from discriminating...more

Dear Littler: How Should I Handle Customer Concerns about a Transgender Employee?

by Littler on

Dear Littler: We have a transgender employee at work, Sarah, who identifies and presents as a female. She is in the process of transitioning and still occasionally exhibits traditionally “male” physical attributes. A client...more

Supreme Court Remands Transgender Rights Case to Court of Appeals After Trump Administration Withdraws Obama Era Guidance

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights of...more

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