Discrimination, Gender Identity, Employer Liability Issues

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

Bradley Arant Boult Cummings LLP on 5/9/2024

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

Seventh Circuit Takes On Religious Discrimination

Manatt, Phelps & Phillips, LLP on 5/24/2023

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

Discrimination Based on Sexual Orientation Unlawful, Michigan High Court Holds, Overruling Precedent

Jackson Lewis P.C. on 8/2/2022

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., prohibition of sex-based discrimination also prohibits discrimination based on sexual orientation, the Michigan Supreme Court has held....more

District Court Enjoins EEOC and Department of Education Guidance Protecting LGBTQ Rights

Bass, Berry & Sims PLC on 7/26/2022

On July 15, the U.S. District Court for the Eastern District of Tennessee entered a preliminary injunction barring the Equal Employment Opportunity Commission (EEOC) and the Department of Education (ED) from enforcing...more

UK Employment Appeal Tribunal: ‘Gender-critical’ Beliefs Are Protected Philosophical Beliefs

Morgan Lewis on 6/16/2021

The UK’s Employment Appeal Tribunal (EAT) found on 10 June 2021 in Maya Forstater v CGD Europe and others that gender-critical beliefs—including believing that one’s biological sex is immutable and not to be conflated with...more

Biden Administration Issues Order on Gender Identity and Sexual Orientation

Morgan Lewis on 1/25/2021

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

Happy Thanksgiving! 7 Things for Which We Are Thankful – 2020 Edition

Bradley Arant Boult Cummings LLP on 11/25/2020

Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can...more

Littler Global Guide - Puerto Rico - Q2 2019

Littler on 7/17/2019

An Employee’s Felony Indictment Constitutes Just Cause for Termination - Precedential Decision by Judiciary or Regulatory Agency - On April 25, 2019, the Puerto Rico Supreme Court held that a felony indictment...more

The Uncertain Landscape of Discrimination & Harassment Laws: Expanding the Definition of “Protected Class”

Seyfarth Shaw LLP on 6/5/2019

Seyfarth Synopsis: Laws protecting individuals from discrimination and harassment in the workplace are expanding rapidly at the state and local levels, while the federal landscape remains unclear regarding LGBTQ rights. ...more

Employment Law This Week®: NJ Limits NDAs, DOL’s Proposed Overtime Rule, Pay Data Collection, Sexual Harassment Training

Epstein Becker & Green on 4/1/2019

This Employment Law This Week® Monthly Rundown features a recap of the most important news from March 2019. The episode includes: 1. New Jersey Limits Nondisclosure Agreements in Harassment, Discrimination, and Retaliation...more

Revamping Your Anti-Harassment Programs

Bradley Arant Boult Cummings LLP on 9/10/2018

In the wake of the #MeToo movement, I have clients wanting to know what they can do both to improve their workplace and protect themselves. They all have good policies and regularly train supervisors and employees on them. So...more

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger LLP on 6/22/2018

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Sixth Circuit Says Title VII Protects Transgender Employees

Parker Poe Adams & Bernstein LLP on 3/12/2018

On the heels of last week’s Second Circuit decision finding sexual orientation discrimination prohibited under Title VII, on Wednesday, a Sixth Circuit Court of Appeals panel held that Title VII likewise protects transgender...more

Eleventh Circuit Sets the Stage for U.S. Supreme Court Certification on Whether Sexual Orientation is Protected by Title VII

FordHarrison on 7/12/2017

On March 10, 2017, in Evans v. Georgia Regional Hospital, a split panel of the U.S. Court of Appeals for the Eleventh Circuit held that it was bound by prior precedent that Title VII of the Civil Rights Act of 1964 does not...more

Employment Law Authority - May/June 2017

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/6/2017

THE EVOLVING DEFINITION OF SEX(UAL ORIENTATION) UNDER TITLE VII - On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated decision in Hively v. Ivy Tech Community College of Indiana, making...more

Full Second Circuit to Revisit Its Position On Sexual Orientation as a Protected Class Under Title VII

FordHarrison on 6/2/2017

While the Seventh Circuit definitively has held that sexual orientation discrimination is discrimination “because of sex” and, therefore, a violation of Title VII of the Civil Rights Act of 1964, as amended (as reported by...more

Federal Judge Rules that Transgender Employee's ADA Claim May Proceed

FordHarrison on 5/30/2017

On May 18, 2017, in the first decision of its kind, the Eastern District of Pennsylvania held that transgender people are not categorically barred from protection by the Americans with Disabilities Act (ADA) if they suffer...more

Breaking New Ground: Seventh Circuit Rules that Title VII Protects Sexual Orientation

McNees Wallace & Nurick LLC on 4/10/2017

Workplace rights for LGBT individuals has been a rapidly developing area of the law. A little over two years ago, former President Obama signed an executive order prohibiting federal contractors from discriminating against...more

Discrimination Based on Sexual Orientation is Sex Discrimination Under Title VII: Seventh Circuit Takes Clear Stand

Bradley Arant Boult Cummings LLP on 4/5/2017

On Tuesday, the Seventh Circuit jumped into the Title VII sexual orientation discussion with both feet. In Hively v. Ivy Tech Community College of Indiana, a full-court reversed an earlier three judge panel decision, finding...more

Is Gender Identity and Sexual Orientation Employment Discrimination Prohibited? It Depends on Whom You Ask

Williams Mullen on 4/5/2017

There have been many news stories over the past couple of years about sexual orientation and gender identity discrimination in the workplace and in schools. Yet, in none of those stories is it ever made clear what the actual...more

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

FordHarrison on 4/5/2017

As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more

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