News & Analysis as of

Discrimination Bostock v Clayton County Georgia

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Bass, Berry & Sims PLC

New Title IX Regulations Halted in Additional States and at Hundreds of Institutions as Department of Education Continues to...

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With the August 1, 2024, effective date of the Department of Education’s April Title IX regulations (Final Rule) just weeks away, court action in pending lawsuits challenging the Final Rule across the country continues. The...more

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Six More States

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On June 17, Chief Judge Danny Reeves of the Eastern District of Kentucky issued a preliminary injunction staying the effective date, and enjoining enforcement, of the new Title IX regulations in the states of Indiana,...more

Parker Poe Adams & Bernstein LLP

Pressing Pause: Explanations and Next Steps for Title IX Administrators Following Preliminary Injunctions

In the past week, two U.S. District Court judges have issued preliminary injunctions halting implementation of the recently-released 2024 Title IX final rule....more

Bass, Berry & Sims PLC

Gender-Affirming Care Remains a Hot Topic in 2024

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Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations. Just over a month later, there have now been three key developments with respect to that issue:...more

Foley & Lardner LLP

Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

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“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Pressed Over Health Plan Coverage of Transgender Treatments for Minors

​​​​​​​Employers are facing increasing - and conflicting - pressures over health plan coverage of puberty-blocking medications used to treat some minors for gender dysphoria. Several states have restricted the use of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Sand Dredgers and the Duty to Defend

This week, we take a look at a decision addressing the proper reading of “because” in federal discrimination statutes, and another addressing a California law precluding insurers from covering defense costs in litigation...more

Roetzel & Andress

Equality Act Advances To The Senate And To Controversy

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Last summer, the United States Supreme Court issued its decision in Bostock v. Clayton County, Georgia, which held that the protected classification of “sex” under Title VII included sexual orientation and gender identity....more

Morgan Lewis

Biden Administration Issues Order on Gender Identity and Sexual Orientation

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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

Sherman & Howard L.L.C.

Title VII’s Religious Employer Exemption Does Not Bar Sexual Orientation Discrimination Claims

Sherman & Howard L.L.C. on

In what appears to be the first case directly addressing the issue, a U.S. District Court judge recently ruled that Title VII’s exemption for religious employers does not bar claims of employment discrimination based on...more

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