DE Under 3: EEOC’s Transgender Guidance Blocked by Texas Federal District Court
#WorkforceWednesday: EEOC's LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law - Employment Law This Week®
DE Under 3: Data Gathering & Data Delivery
DE Under 3: EEOC Studies Showing Online Mediation Preferred; Transgender Title VII Protections; May 2022 Employment Situation
DE Under 3: Agency Budget Requests, Transgender Day of Visibility traction, and the fall of Trump OFCCP’s “Four Pillars”
Looking back at 2021 and ahead to 2022
Helping the Transgender Community Through The Name Change Project with Samantha Rothaus of Davis+Gilbert: On Record PR
#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
II-25 – Top 10 New Year’s Resolutions for Employers in 2018
Episode 25: EEOC Commissioner Chai Feldblum Part II: Other Emerging EEOC Trends + Takeaways
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
Employment Law This Week: Joint-Employer Guidance Rescinded, NYC’s “Fair Workweek” Bills, ADA and Gender Dysphoria, Philadelphia’s Salary History Law
Employment Law This Week: Wellness Program Regulations, Cumulative Liquidated Damages, ACA Transgender Discrimination Rules, Form I-9
Employment Law This Week: Top Issues of 2016 – DTSA, Non-Competes, Paid Sick Leave, Transgender Law, Overtime, NLRB Decisions
Employment Law This Week®: White House on Non-Competes, Transgender Bathrooms, Fair Pay and Safe Workplaces, Freelancer Wage Protection
Employment Law This Week®: Transgender Case, “Labor Peace” Agreements, EEOC’s Pay Data Proposal, Parental Leave Requests
LXBN This Week Ep. 2: EEOC on Criminal Records & Transgender Discrimination, BP Oil Spill Arrest, AZ Immigration Law at SCOTUS
As the temperatures continue to rise, regulations and litigation related to employer-sponsored group health plans have followed suit. As these new rules continue to evolve, we are often asked whether a self-insured group...more
A federal appeals court recently held that an employer’s health insurance plan wrongly excluded coverage for gender-affirming care in violation of federal civil rights law – offering a warning to employers across the country...more
Monday, May 13, 2024: Coalition of 18 Republican States’ Attorney Generals Filed Suit to Challenge EEOC’s Harassment Guidance - A coalition of 18 Republican state attorney generals (“AGs”), led by Tennessee Attorney...more
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
In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server’s pronouns, among...more
In June 2023, the ‘Act on the Promotion of Citizens’ Understanding of Diversity of Sexual Orientation and Gender Identity’ was enacted by the Japanese legislature (the Diet)....more
Are Transgender Individuals “Women” Under the Equality Act 2010, Bringing New Whistleblowing Claims Already Dismissed and Settled Under a COT3, the Necessity of Early Redundancy Consultation, and a General News Roundup. ...more
The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled “Proposed Enforcement Guidance on Harassment in the Workplace.” The proposed guidance sets...more
Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more
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
17 May was the International Day Against Homophobia, Transphobia, and Biphobia established in 2007 by the European Union. The chosen date commemorates 17 May 1990, the day on which the WHO removed homosexuality from its list...more
The Seventh U.S. Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in a religious discrimination case involving a teacher who refused to call transgender students by their chosen names....more
Employers should review their diversity, equity, and inclusion (DEI) and anti-discrimination policies as federal and state laws protecting transgender workers continue to take shape. Earlier this month, the Equal Employment...more
On March 16, 2023, Michigan Governor Gretchen Whitmer signed a bill that expands the Elliott-Larsen Civil Rights Act (“ELCRA”) to include protections for LGBTQ individuals....more
On March 1, 2023, the Michigan Senate approved a series of amendments to the state’s Elliott-Larsen Civil Rights Act, which would add “sexual orientation, gender identity or expression” to the law’s list of prohibited...more
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
In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit recently held in Williams v. Kincaid that individuals with gender dysphoria may be protected under the Americans with Disabilities Act...more
This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance. Federal Judge Blocks EEOC's LGBTQ+ Guidance The Equal Employment Opportunity Commission’s June...more
The subject of transgender Americans has been raised a lot recently, sometimes in political contexts, but regardless of the politics, it is important for employers to understand their obligations with respect to transgender...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more
On August 16, 2022, in Williams v. Kincaid, the Fourth Circuit held that gender dysphoria can qualify as a disability under the Americans with Disabilities Act (the “ADA”). This is the first federal appellate decision which...more
In a case of first impression for federal appellate courts, the United States Court of Appeals for the Fourth Circuit recently held that gender dysphoria qualifies as a “disability” under the Americans with Disabilities Act...more
A federal appeals court this week ruled that “gender dysphoria” qualifies as a disability under the Americans with Disabilities Act (“ADA”). This decision will give broader protection to transgender and other individuals...more
On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit issued a landmark decision, Williams v. Kincaid, finding that the Americans with Disabilities Act (ADA) and the Rehabilitation Act protect individuals with...more
I'm not sure I agree. With all due respect. An issue that has been percolating for the past few years is whether gender dysphoria is a "disability" within the meaning of the Americans with Disabilities Act. I've posted on...more