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Discrimination › Gender Identity › LGBTQ

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 -
Baker Donelson

History and Future of the Nation's First Ban on Gender-Affirming Care

Baker Donelson on

Across the United States, there is a trend of state legislatures passing laws that restrict, or even outright prohibit, transgender minors from access to gender-affirming care, including puberty blockers, hormone therapy,...more

Manatt, Phelps & Phillips, LLP

Seventh Circuit Takes On Religious Discrimination

Manatt, Phelps & Phillips, LLP on

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

Bass, Berry & Sims PLC

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

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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

Morgan Lewis

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

Morgan Lewis on

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

Baker Donelson

First Texas Court of Appeals to Follow Bostock Ruling

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Nine months after the United States Supreme Court's historic decision in Bostock, the Texas Fifth Circuit Court of Appeals had to decide whether the interpretation of Title VII's language in protecting LGBTQ employees also...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

Arnall Golden Gregory LLP

Court Preliminarily Enjoins HHS Revisions to “Sex” Discrimination Under Section 1557 of ACA

Arnall Golden Gregory LLP on

Judge Frederick Block of the U.S. District Court for the Eastern District of New York has preliminarily enjoined HHS from revising the Obama-era definitions of sex discrimination under Section 1557 of the ACA. See Walker v....more

Nelson Mullins Riley & Scarborough LLP

EducationCounsel Supports Efforts to Protect Rights of Transgender Students Across the Country

Nelson Mullins Riley & Scarborough LLP on

Through its long-standing engagement with GLSEN, a national nonprofit dedicated to promoting and supporting LGBTQ+ inclusive schools, EducationCounsel has authored numerous amicus briefs along with Willkie Farr & Gallagher...more

Littler

Georgia Trend: City Ordinances Require Private Employers to Expand Workplace Anti-Discrimination Protections

Littler on

Georgia law prohibits private employers from discriminating against employees on the basis of age, disability and sex (specifically compensation-based claims). There are, however, no state statutes prohibiting private...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

Management Alert – The Current Federal Retrenchment on LGBT Rights

Seyfarth Shaw LLP on

Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment....more

Ballard Spahr LLP

DOJ amicus brief in employment discrimination case undermines CFPB position on ECOA protection for sexual orientation

Ballard Spahr LLP on

The Department of Justice has filed an amicus brief in a case pending before the U.S. Court of Appeals for the Second Circuit that presents the question of whether the prohibition on employment discrimination on the basis of...more

FordHarrison

Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

FordHarrison on

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the...more

Ballard Spahr LLP

New California Transgender Regulations: Employer Do's & Don'ts

Ballard Spahr LLP on

California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope...more

Best Best & Krieger LLP

Best in Law: What to do to Comply with Transgender Laws - New California Laws Took Effect July 1

Best Best & Krieger LLP on

California is continuing to be a leader on emerging civil rights issues. Back in 2004, California enacted laws to protect transgender workers. Transgender issues have become a front-burner topic.   On the national scene,...more

FordHarrison

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

FordHarrison on

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Apple Metro Restaurant Chain for Sex Discrimination & Retaliation

U.S. Equal Employment Opportunity Commission... on

Employee Was Harassed at Hawthorne Applebee's Because of Her Gender Identity And Fired for Objecting, Federal Agency Charges - NEW YORK - Apple Metro, Inc., which operates several dozen Applebee's Neighborhood Bar & Grill...more

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

Employment Law Authority - May/June 2017

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

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

FordHarrison

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

FordHarrison on

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

FordHarrison

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

FordHarrison on

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

FordHarrison

"Common Sense Reality": Seventh Circuit Holds That Sexual Orientation Discrimination Violates Title VII

FordHarrison on

In a landmark decision overruling decades of precedent, the Seventh Circuit en banc declared that sexual orientation discrimination violates Title VII in Hively v. Ivy Tech Community College. This comes as the first decision...more

Patterson Belknap Webb & Tyler LLP

Expanding the Reach of Title VII: Seventh Circuit Recognizes Sexual Orientation as a Protected Class

Patterson Belknap Webb & Tyler LLP on

In a shift from its earlier interpretations, the U.S. Court of Appeals for the Seventh Circuit overruled its prior precedent and held in Hively v. Ivy Tech Community College of Indiana, No. 15-1720, 2017 U.S. App. LEXIS 5839...more

Burr & Forman

Does Title VII Prohibit Discrimination Based on Sexual Orientation: the Eleventh Circuit Says No, While the Seventh Circuit Says...

Burr & Forman on

Since its inception, Title VII of the Civil Rights Act of 1964 (Title VII) has prohibited employers from discriminating against employees and applicants because of their sex. In the past couple of years, plaintiffs, affinity...more

Hogan Lovells

The Seventh Circuit's Recent Ruling on Sexual-Orientation Discrimination: What School Districts Need to Know

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On April 4, 2017, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court in the country to hold that Title VII of the Civil Rights Act of 1964 prohibits employers from...more

Ballard Spahr LLP

CFPB May Rely on New Employment Discrimination Case in Fair Lending Context

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The CFPB may seek to rely on a recent Seventh Circuit employment discrimination case to support its view that the Equal Credit Opportunity Act’s (ECOA’s) prohibition against discrimination on the basis of “sex” includes...more

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