Employers must proceed carefully when responding to complaints around pronoun use where federal and state mandates appear to conflict. For instance, Equal Employment Opportunity Commission (EEOC) guidance states that...more
Two cases show that courts consider alleged harassment or discrimination based on transgender or cisgender status to be colorable under Title VII of the Civil Rights Act. Vacating summary judgment for the employer, a federal...more
Colorado’s Anti-Discrimination Act (CADA) constituted an impermissible infringement on its citizens’ First Amendment right to freedom of speech, as the Act could compel individuals and businesses to engage in speech with...more
7/3/2023
/ 303 Creative LLC v Elenis ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
First Amendment ,
Infringement ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Public Accommodation ,
Religious Beliefs ,
Same-Sex Marriage ,
SCOTUS ,
Website Design
The Seattle City Council passed a first-of-its-kind ordinance prohibiting discrimination based on caste in employment, housing, and public accommodation. Seattle’s mayor approved the ordinance on February 23, 2023, and the...more
The U.S. Supreme Court weighed the rights of LGBTQ+ people to be free from discrimination in the marketplace against a Colorado business owner’s right to free speech when it heard oral argument in 303 Creative LLC v. Elenis...more
As the industry continues to evolve, access to healthcare remains a key challenge. For certain segments of the population, access to healthcare is not equitable.
We will examine how the ADA and state disability and...more
11/11/2022
/ Accessibility Rules ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Best Practices ,
Continuing Legal Education ,
Disability Discrimination ,
Equity ,
Gender Discrimination ,
Gender Identity ,
Health Care Providers ,
Hearing-Impaired ,
Limited English Proficiency (LEP) ,
Rehabilitation Act ,
Sex Discrimination ,
Transgender ,
Webinars
The Virginia Department of Education issued new 2022 Model Policies pursuant to Virginia School Code § 22.1-23.3 that reverse the 2021 Model Policies. The new policies provide that parents, not students, must communicate with...more
In March 2022, the Transportation Security Administration (TSA) announced it would be implementing measures to conduct gender-neutral screening by enhancing screening technology, reducing the number of pat-downs needed,...more
Gender dysphoria is not excluded from the broad definition of “disability” protected under the Americans with Disabilities Act (ADA), a divided panel of the U.S. Court of Appeals for the Fourth Circuit has held....more
On Transgender Day of Visibility 2022, March 31, the Biden Administration published a Fact Sheet outlining its dedication to equality and visibility for transgender, non-binary, and gender non-conforming Americans....more
In 2021, the workforce continued adapting to an evolving global pandemic, increasingly consequential social movements and a dramatic shift in employment policy ushered in by a change of leadership at the federal level.
...more
2/23/2022
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Class Action ,
Construction Workers ,
Coronavirus/COVID-19 ,
Data Privacy ,
Diversity and Inclusion Standards (D&I) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Foreign Workers ,
Healthcare Workers ,
Infrastructure Investment and Jobs Act (IIJA) ,
Manufacturers ,
Minimum Wage ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Pay Transparency ,
Religious Accommodation ,
Remote Working ,
Technology Sector ,
Vaccinations ,
Wage and Hour ,
WARN Act ,
Workplace Safety
Joining a host of communities in North Carolina, the Charlotte City Council has unanimously passed an ordinance to add nondiscrimination protections for sexual orientation, gender identity, gender expression, familial status,...more
In the wake of a 2019 Newsday investigation into alleged discriminatory housing practices of suspected racial steering, there has been a pronounced focus on ways to curb potentially discriminatory housing practices across New...more
As Pride month draws to a close, we turn our focus to the actual lived experience of LGBTQ+ employees in the workplace … inclusivity in action.
On this episode of We get work™ we speak with Jackson Lewis lawyers about their...more
Same-sex harassment in the workplace under Title VII of the Civil Rights Act is not strictly limited to the three scenarios in the U.S. Supreme Court’s seminal 1998 opinion in Oncale v. Sundowner Offshore Services, a...more
The U.S. Supreme Court has found that Philadelphia’s ordinance requiring a private foster care agency to certify same-sex couples as foster parents burdened the agency’s religious exercise in violation of the Free Exercise...more
With COVID-19 giving rise to a whole host of new claims ranging from issues surrounding remote work to tuition reimbursement as well as new developments in the area of sexual orientation and gender identity, employers need a...more
2/19/2021
/ Colleges ,
Coronavirus/COVID-19 ,
Duty of Care ,
Educational Institutions ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Gender Identity ,
Health and Safety ,
Infectious Diseases ,
Negligence ,
Reimbursements ,
Remote Working ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Employees ,
Students ,
Tuition ,
Universities ,
Workplace Safety
The Biden administration’s Executive Order 13988, “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,” expands prohibited forms of sex discrimination under Title IX of the Education...more
As 2021 begins, Jackson Lewis is again providing “The Year Ahead for Employers” to clients. This comprehensive report covers all aspects of employment law and highlights 2020 issues, trends, legislative and regulatory...more
The Equal Employment Opportunity Commission (EEOC) has approved revisions to its Compliance Manual Section on Religious Discrimination (Guidance). The revised Guidance, approved on January 15, 2021, draws upon several U.S....more
The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it is seeking public input on its updated Compliance Manual on Religious Discrimination.
The compliance manual has not been revised since July...more
In the wake of Justice Ruth Bader Ginsburg’s death, President Donald Trump has nominated the Honorable Amy Coney Barrett, who sits on the federal U.S. Court of Appeals for the Seventh Circuit, to the U.S. Supreme Court. A...more
The U.S. Supreme Court has held that LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964.
The Court issued its decision in three consolidated cases: Bostock v....more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Several states have introduced legislation to require transgender student-athletes at the elementary and secondary school levels to compete only in their sex assigned at birth, not based on their gender identity.
While...more
The U.S. Supreme Court is set to hear oral argument on October 8, 2019, in three high-stakes cases that will decide whether LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act...more
10/8/2019
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sexual Stereotyping ,
Title VII ,
Transgender