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Gender Identity Protections: Transgender Harassment, Reverse Discrimination Cases Allowed by Courts

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

U.S. Supreme Court Hears Oral Argument in Case Testing Limits of State Anti-Discrimination Law

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

Gender Dysphoria is Not Excluded from Coverage under ADA, Fourth Circuit Rules

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

North Carolina’s City of Charlotte and Mecklenburg County Adopt Nondiscrimination Ordinances

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

LGBTQ+ Protections in the Workplace Post Bostock - Part 2  [Audio]

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

Biden’s EO Expands Title IX To Prohibit LGBTQ Discrimination

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

Developments To Monitor In 2021: LGBTQ+ Rights And Freedom Of Religion In The Workplace

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

EEOC Revises Guidance On Religious Discrimination In The Workplace

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

Supreme Court: Title VII Protects LGTBQ+ Employees

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

U.S. Supreme Court To Hear Arguments On LGBTQ+ Workplace Protections Under Title VII

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

U.S. Supreme Court To Rule On LGBTQ Workplace Protections Under Title VII

Whether LGTBQ employees are protected from employment discrimination by Title VII of the Civil Rights Act will be decided by the U.S. Supreme Court next term. The Court has agreed to hear three cases to...more

Supreme Court: Colorado’s Civil Rights Commission Anti-Religious Bias Violated Cake Baker’s Rights

The U.S. Supreme Court has issued a narrow ruling in favor of a baker who refused to make a wedding cake for a same-sex couple. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No. 16-111 (June 4, 2018)....more

Supreme Court Preview: 2017-2018 Term

The U.S. Supreme Court will begin its 2017-2018 Term with no shortage of cases significant to employers and businesses. Cases to watch involve questions about employment arbitration agreements, Dodd-Frank Act’s protections of...more

California’s New Regulations Offer More Protection For Transgender Individuals

California’s Department of Fair Employment and Housing (DFEH) has approved new regulations to protect transgender individuals, effective July 1, 2017. The new regulations expand protections available for people who...more

Seventh Circuit Hands Down Major Ruling In Transgender Student Case

On May 30, 2017, the Seventh Circuit Court of Appeals ruled that a transgender student has the right to use the bathroom that aligns with his gender identity in Whitaker v. Kenosha Unified School District No. 1 Board of...more

Wheeling, West Virginia, Ordinance Protects LGBTQ Residents

Wheeling has become West Virginia’s eleventh city to pass a sexual orientation and gender identity anti-discrimination ordinance protecting the housing and employment rights of LGBTQ residents. The ordinance also protects...more

Oxford, Alabama, City Council Adopts Ordinance Restricting Access to Bathroom Facilities Based on Biological Sex

The City Council of Oxford, Alabama, has enacted an ordinance regulating the utilization of bathroom or changing facilities within the City of Oxford, Alabama, making it unlawful for a person to use a bathroom or changing...more

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