News & Analysis as of

Sexual Orientation Discrimination Gender Identity Discrimination

Parker Poe Adams & Bernstein LLP

Pressing Pause: Explanations and Next Steps for Title IX Administrators Following Preliminary Injunctions

In the past week, two U.S. District Court judges have issued preliminary injunctions halting implementation of the recently-released 2024 Title IX final rule....more

Miles & Stockbridge P.C.

Md. Attorney General Can Now Bring Civil Actions Against Commercial Property Owners for Alleged Civil Rights Violations

A new Maryland law allows the attorney general to seek equitable relief and fines of up to $25,000, as well as fees, against civil rights violators. The Maryland General Assembly passed during its recent session SB 540,...more

Sheppard Mullin Richter & Hampton LLP

Proposed Rule Leverages Section 1557 for Healthcare Equity

On July 25, 2022, the U.S. Department of Health and Human Services (“HHS”) issued a proposed new rule that significantly expands the scope of protection available to vulnerable populations under Section 1557 of the Affordable...more

Sheppard Mullin Richter & Hampton LLP

2023 Payment Rule’s Nondiscrimination Provisions and Anticipation of New Section 1557 Rules

On January 5, 2022, we discussed the Notice of Benefit and Payment Parameters for 2023 proposed rule released by the Centers for Medicare & Medicaid Services (CMS). On April 28, 2022, CMS issued the NBPP 2023 Final Rule. CMS...more

Baker Donelson

Employers and Health Care Providers Take Note: Recent Announcements Forecast Increased Government Enforcement of Discrimination...

Baker Donelson on

The law regarding discrimination on the basis of "sex" continues to evolve rapidly. Perhaps sparked by last year's landmark discrimination ruling in the Bostock case and by President Biden's day-one Executive Order on...more

Saul Ewing LLP

EEOC Issues Guidance on Sexual Orientation and Gender Identity Discrimination

Saul Ewing LLP on

The Equal Employment Opportunity Commission (EEOC) recently issued a technical assistance document for “Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity.” The document briefly...more

Baker Donelson

First Texas Court of Appeals to Follow Bostock Ruling

Baker Donelson on

Nine months after the United States Supreme Court's historic decision in Bostock, the Texas Fifth Circuit Court of Appeals had to decide whether the interpretation of Title VII's language in protecting LGBTQ employees also...more

Roetzel & Andress

Equality Act Advances To The Senate And To Controversy

Roetzel & Andress on

Last summer, the United States Supreme Court issued its decision in Bostock v. Clayton County, Georgia, which held that the protected classification of “sex” under Title VII included sexual orientation and gender identity....more

Davis Wright Tremaine LLP

CFPB Clarifies That ECOA Prohibits Discrimination Based on Sexual Orientation and Gender Identity

On March 9, 2021, the Consumer Financial Protection Bureau (CFPB) issued an Interpretive Rule clarifying that the Equal Credit Opportunity Act (ECOA) and Regulation B prohibit discrimination based on: Sexual orientation;...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

Bradley Arant Boult Cummings LLP

Happy Thanksgiving! 7 Things for Which We Are Thankful – 2020 Edition

Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can...more

Arnall Golden Gregory LLP

Court Preliminarily Enjoins HHS Revisions to “Sex” Discrimination Under Section 1557 of ACA

Judge Frederick Block of the U.S. District Court for the Eastern District of New York has preliminarily enjoined HHS from revising the Obama-era definitions of sex discrimination under Section 1557 of the ACA. See Walker v....more

Littler

Georgia Trend: City Ordinances Require Private Employers to Expand Workplace Anti-Discrimination Protections

Littler on

Georgia law prohibits private employers from discriminating against employees on the basis of age, disability and sex (specifically compensation-based claims). There are, however, no state statutes prohibiting private...more

Littler

Littler Global Guide - Puerto Rico - Q2 2019

Littler on

An Employee’s Felony Indictment Constitutes Just Cause for Termination - Precedential Decision by Judiciary or Regulatory Agency - On April 25, 2019, the Puerto Rico Supreme Court held that a felony indictment...more

Seyfarth Shaw LLP

The Uncertain Landscape of Discrimination & Harassment Laws: Expanding the Definition of “Protected Class”

Seyfarth Shaw LLP on

Seyfarth Synopsis: Laws protecting individuals from discrimination and harassment in the workplace are expanding rapidly at the state and local levels, while the federal landscape remains unclear regarding LGBTQ rights. ...more

Parker Poe Adams & Bernstein LLP

U.S. Justice Department Argues Against EEOC Position Protecting Transgender People

Earlier this year, the Equal Employment Opportunity Commission persuaded the Sixth Circuit Court of Appeals that a funeral home’s termination of a transgender employee violated Title VII’s prohibition against sex...more

Bradley Arant Boult Cummings LLP

Revamping Your Anti-Harassment Programs

In the wake of the #MeToo movement, I have clients wanting to know what they can do both to improve their workplace and protect themselves. They all have good policies and regularly train supervisors and employees on them. So...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Title VII Protects Transgender Employees

On the heels of last week’s Second Circuit decision finding sexual orientation discrimination prohibited under Title VII, on Wednesday, a Sixth Circuit Court of Appeals panel held that Title VII likewise protects transgender...more

Seyfarth Shaw LLP

Management Alert – The Current Federal Retrenchment on LGBT Rights

Seyfarth Shaw LLP on

Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment....more

Ballard Spahr LLP

DOJ amicus brief in employment discrimination case undermines CFPB position on ECOA protection for sexual orientation

Ballard Spahr LLP on

The Department of Justice has filed an amicus brief in a case pending before the U.S. Court of Appeals for the Second Circuit that presents the question of whether the prohibition on employment discrimination on the basis of...more

FordHarrison

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

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

Ballard Spahr LLP

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

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 Best & Krieger LLP

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

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

FordHarrison

Eleventh Circuit Sets the Stage for U.S. Supreme Court Certification on Whether Sexual Orientation is Protected by Title VII

FordHarrison on

On March 10, 2017, in Evans v. Georgia Regional Hospital, a split panel of the U.S. Court of Appeals for the Eleventh Circuit held that it was bound by prior precedent that Title VII of the Civil Rights Act of 1964 does not...more

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