News & Analysis as of

Transgender Hiring & Firing Gender Identity

U.S. Equal Employment Opportunity Commission...

EEOC Sues Two Employers for Sex Discrimination

Federal Agency Charges That the Companies Discriminated Against Employees Because of Their Sexual Orientation and/or Gender Identity - MOBILE, Ala. and CHICAGO – Harmony Hospitality LLC, which operates a Home2 Suites by...more

DirectEmployers Association

OFCCP Week In Review: May 2024 #3

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

Constangy, Brooks, Smith & Prophete, LLP

Reverse gender identity discrimination? Yes, it's a thing.

What's good for the goose . . . A person who is discriminated against for not being transgender can have a valid claim under Title VII for “sex” (really, gender identity) discrimination. In McCreary v. Adult World, Inc., a...more

Littler

British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based on Their Gender Identity...

Littler on

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

BCLP

UK HR Two Minute Monthly: September 2023

BCLP on

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

Manatt, Phelps & Phillips, LLP

Seventh Circuit Takes On Religious Discrimination

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

Epstein Becker & Green

#WorkforceWednesday: EEOC's LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law - Employment...

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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

Stokes Wagner

Do You Know Your Obligations to Transgender Employees and Job Applicants?

Stokes Wagner on

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

DirectEmployers Association

OFCCP Week In Review: September 2022

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

Adler Pollock & Sheehan P.C.

Developments in the Law on Protections for LGBTQ+ Employees

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

DirectEmployers Association

OFCCP Week In Review: April 2022 #2

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 Jennifer Polcer. In today’s edition, they...more

Polsinelli

EEOC Revises Intake Forms to Include Non-Binary Gender Options

Polsinelli on

On March 31, 2022, on Transgender Day of Visibility, the EEOC announced that it will expand the available gender options in the voluntary self-identification questions included on its intake forms. The changes will apply to...more

U.S. Equal Employment Opportunity Commission...

Frizzell Furniture to Pay $60,000 to Resolve EEOC Sex Discrimination Charge

Furniture Retailer Did Not Hire Applicant Because He Is Transgender, Federal Agency Found - MINNEAPOLIS – Frizzell Furniture, a furniture retailer with locations in northern Minnesota, has agreed to pay $60,000 and has...more

DirectEmployers Association

OFCCP Week In Review: September 2021 #4

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 Jennifer Polcer. In today’s edition, they...more

Amundsen Davis LLC

What Can Employers Do About Employees Who Refuse To Refer To Transgendered Employees By Their Preferred Names Or Pronouns?

Amundsen Davis LLC on

The short answer is, private sector employers can very likely terminate the employee. If the employee is at-will, they can be fired for any non-discriminatory reason (or no reason at all); and, intentionally using the wrong...more

Mitratech Holdings, Inc

Pronouns, Biases, and Diversity in the Workplace

Pronouns in the workplace are used all the time, yet many of us have a hard time normalizing the question, “what pronouns do you use?” or “what pronouns can I use for you?” or even stating “hi, my pronouns are…,”...more

Sands Anderson PC

EEOC Issues New Guidance on Workplace Transgender Policies

Sands Anderson PC on

The Equal Employment Opportunity Commission (EEOC) recently issued new Guidance directed to employers addressing restroom policies and the use of employee preferred pronouns. Although this technical assistance guidance does...more

Butler Snow LLP

Fifth Circuit Court of Appeals Requires Transgender Plaintiffs to Identify Comparators to Establish Title VII Discrimination

Butler Snow LLP on

This recent decision from the Fifth Circuit Court of Appeals confirms that plaintiffs claiming discrimination based on transgender status are subject to the same pleading and evidentiary requirements as other discrimination...more

Littler

Littler Lightbulb: Colorado Adds New Employment Laws this Session

Littler on

Over the last two years, Colorado enacted some significant employment laws, including the Healthy Families & Workplaces Act and Equal Pay for Equal Work Act. Colorado’s 2021 legislative session ended on June 12, 2021....more

Fisher Phillips

5 Employer Takeaways as EEOC Issues New Guidance on Sexual Orientation and Gender Identity Discrimination in the Workplace

Fisher Phillips on

The Equal Employment Opportunity Commission (EEOC) observed LGBTQ+ Pride Month and the one-year anniversary of the landmark Bostock v. Clayton County Supreme Court decision by announcing new resources to aid employers in...more

Hinshaw & Culbertson LLP

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

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

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

Nelson Mullins Riley & Scarborough LLP

[Webinar] Beyond Bostock: Protections and Barriers for the LGBTQ+ Community - October 8th, 12:00 pm - 1:00 pm EDT

Please join Nelson Mullins and LGBTQ+ leaders as we kick-off Atlanta Pride weekend with an online discussion of the legal and political battles ahead in the aftermath of the Supreme Court’s Bostock decision and rethinking...more

BCLP

From the Workplace to the Classroom – Bostock’s Potential Impact in Education

BCLP on

The Supreme Court’s landmark decision in Bostock v. Clayton County, Georgia marks a turning point and milestone victory for the LGBTQ+ community. The decision will impact the fight to end discrimination based on gender...more

Constangy, Brooks, Smith & Prophete, LLP

Court Revives Mr. Bostock's Sexual Orientation Lawsuit

In light of his Supreme Court win in June. The U.S. Court of Appeals for the Eleventh Circuit has revived a Title VII lawsuit filed by Gerald Bostock, who had sued Clayton County, Georgia, alleging that the county terminated...more

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