News & Analysis as of

Sexual Orientation

Title VII In Transition? Texas Federal Court Rules That Anti-Discrimination Statute Protects Transgender Individuals

In a landmark ruling, a federal court judge in Texas issued an opinion holding—unequivocally—that Title VII protects transgender individuals from discrimination based on their gender identity. Wittmer v. Phillips 66 Company,...more

Second Circuit Reverses Course and Rules That Title VII Prohibits Sexual Orientation Discrimination

by Pepper Hamilton LLP on

In an en banc decision, the U.S. Court of Appeals for the Second Circuit decided on February 26 that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination on the basis of sexual orientation. Zarda v....more

#BornPerfect: States Seek to Outlaw Conversion Therapy

by Bowditch & Dewey on

What is conversion therapy? Conversion therapy, sometimes known as “reparative therapy,” is the pseudo-psychological practice of trying to change an individual’s sexual orientation or identity, most commonly from...more

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

by Miles & Stockbridge P.C. on

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

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

by Akerman LLP - HR Defense on

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

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

by Foley & Lardner LLP on

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

Transgender, Transitioning, and Title VII: Sixth Circuit Provides Protected Status

Does discrimination based on gender identity fall within Title VII of the Civil Rights Act of 1964’s protection against discrimination “because of sex”? Adopting the U.S. Equal Employment Opportunity Commission’s (EEOC)...more

Transgender Rights Trump Religious Rights in Sixth Circuit Case

by Akerman LLP - HR Defense on

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

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

by Butler Snow LLP on

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

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges...more

LGBTQ Rights Making News and Making Law In Recent Weeks

by Kelley Drye & Warren LLP on

In the past two weeks, we saw two major decisions in the area of LGBTQ rights in the workplace. First, the Second Circuit in New York held that Title VII does prohibit discrimination based on sexual orientation. Zarda v....more

Sixth Circuit Says Transgender Discrimination is Protected Under Title VII

by SmithAmundsen LLC on

Last week, the United States Court of Appeals for the Sixth Circuit held—for the first time—that discrimination based on transgender and transitioning status violates Title VII. Although the court has previously held that...more

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

by 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

Sixth Circuit Holds That Discrimination Based on Transgender Status is Considered Sex Discrimination Under Title VII

by Reminger Co., LPA on

The Sixth Circuit recently joined a growing number of federal courts to expand the definition of what constitutes sexual discrimination under Title VII. It found that discrimination based on an individual’s transgender status...more

Growing Trend: 2nd and 6th Circuits Join 7th in Holding that Gay and Transgender Persons are Protected Under Title VII’s Ban on...

by Hirschfeld Kraemer LLP on

It has been a busy few weeks in the federal courts regarding the development of gay and transgender employment discrimination law. On March 7, 2018, the Sixth Circuit held that Title VII’s prohibitions on sex discrimination...more

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

Transgender and transitioning employees protected from discrimination in Ohio

by Bricker & Eckler LLP on

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

The Saga Continues: Second Circuit Court of Appeals Holds that Sexual Orientation Discrimination is Sex Discrimination Under Title...

by Foley & Lardner LLP on

We have steadily followed the evolving legal landscape, including the emerging circuit court split, surrounding whether the federal anti-discrimination law, Title VII, prohibits discrimination based on sexual orientation or...more

Sixth Circuit Decision: Title VII Protects Transgender Workers

On March 7, the Court of Appeals for the Sixth Circuit issued an opinion in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. holding that discrimination based on transgender status and transitioning identity is sex...more

Second Circuit Court of Appeals Holds That Title VII Covers Discrimination Based On An Individual's Sexual Orientation

by Clark Hill PLC on

The U.S. Court of Appeals for the Second Circuit (covering Vermont, Connecticut and New York) recently held that sexual orientation discrimination constitutes discrimination “because of sex” in violation of Title VII of the...more

Second Circuit Joins Seventh Circuit in Finding Title VII Bars Sexual Orientation Discrimination

On February 26, 2018, the Second Circuit, in Zarda v. Altitude Express, Inc., No. 15-3775, 2018 WL 1040820 (2d Cir. Feb. 26, 2018), held that sexual orientation discrimination is actionable sex discrimination under Title VII...more

Second Circuit Holds That Discrimination Based On Sexual Orientation Is Illegal Under Title VII

by Cole Schotz on

In a landmark decision, the Second Circuit (which covers New York, Connecticut, and Vermont), ruled that discrimination based on an employees’ sexual orientation is actionable under Title VII. The Second Circuit in Zarda v....more

Second Circuit Breaks Ground: Sexual Orientation Discrimination Federally Protected

On February 26, 2018, the Second Circuit ruled for the first time that discrimination based on sexual orientation is unlawful under Title VII of the Civil Rights Act of 1964. The question at issue in Zarda v. Altitude...more

Federal Appeals Court Rules Sexual Orientation Discrimination Violates Title VII

Overturning prior precedent, the full panel of the Second Circuit Court of Appeals recently ruled that sexual orientation discrimination is a form of sex discrimination that violates Title VII. Zarda v. Altitude Express,...more

Second Circuit Joins Seventh in Expanding Gender Discrimination Definition

by Stinson Leonard Street on

On February 26, 2018, the U.S. Court of Appeals for the Second Circuit issued an en-banc opinion holding that an employment action based on sexual orientation is discrimination based on sex....more

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