Discrimination, Gender Identity, Sex Discrimination

Update for ATIXA Community on Recent Title IX Regulations Injunctions (Revised 7/16/24)

TNG Consulting on 6/21/2024

Last week and early this week, two federal judges granted injunctions to halt enforcement of the 2024 Title IX Final Rule (“2024 Regs”), in its entirety. An injunction is a court order requiring an individual or entity to...more

First Texas Court of Appeals to Follow Bostock Ruling

Baker Donelson on 3/24/2021

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

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

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

Arnall Golden Gregory LLP on 8/19/2020

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

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

Nelson Mullins Riley & Scarborough LLP on 6/23/2020

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

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

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

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

Management Alert – The Current Federal Retrenchment on LGBT Rights

Seyfarth Shaw LLP on 8/22/2017

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

Gender Identity Not Covered By Missouri Human Rights Act, Court Says

Constangy, Brooks, Smith & Prophete, LLP on 7/27/2017

Last week, the Missouri Court of Appeals issued an opinion holding that gender identity is not covered by the prohibition on sex discrimination in the Missouri Human Rights Act. The opinion builds on a 2015 opinion from the...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

EEOC Sues Apple Metro Restaurant Chain for Sex Discrimination & Retaliation

U.S. Equal Employment Opportunity Commission... on 6/12/2017

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

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

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

FordHarrison on 4/27/2017

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

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

Patterson Belknap Webb & Tyler LLP on 4/18/2017

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

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

Burr & Forman on 4/18/2017

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

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

Hogan Lovells on 4/14/2017

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

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

Ballard Spahr LLP on 4/13/2017

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

Legislators Jump into Sexual Orientation Discrimination Ring

Akerman LLP - HR Defense on 4/13/2017

Employers take note: On the heels of the Seventh Circuit landmark and controversial ruling last week that Title VII does, in fact, prohibit sexual orientation discrimination in the workplace, a group of prominent democratic...more

The Seventh Circuit Court of Appeals Rules Title VII Of The Civil Rights Act of 1964 Prohibits Sexual Orientation Discrimination

Dickinson Wright on 4/10/2017

On April 4, 2017 the U.S. Court of Appeals for the Seventh Circuit ruled in Hively v. Ivy Tech Community College of Indiana (Docket No. 15-1720) that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the...more

Discrimination › Gender Identity › Sex Discrimination