News & Analysis as of

Supreme Court of the United States Bostock v Clayton County Georgia Gender Identity

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
King & Spalding

Supreme Court Upholds Tennessee’s Prohibition on Gender-Affirming Care for Minors

King & Spalding on

On June 18, 2025, the U.S. Supreme Court issued its opinion in the closely watched case of United States v. Skrmetti. In this 6-3 opinion, the Supreme Court upheld Tennessee’s legislation blocking gender-affirming care,...more

Woods Rogers

Supreme Court’s Skrmetti Decision Redefines Legal Landscape for Gender-Affirming Care for Youth

Woods Rogers on

On Wednesday, June 18, 2025, the Supreme Court of the United States issued a landmark 6-3 decision in United States v. Skrmetti, directly addressing the constitutionality of state laws banning gender-affirming care for...more

Seyfarth Shaw LLP

Supreme Court Upholds Tennessee Transgender Care Ban

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In a widely awaited for decision, the Supreme Court in a 6-3 opinion authored by Justice Roberts held that a Tennessee law which prohibits certain medical treatments (puberty blockers and hormones) for transgender minors,...more

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

Supreme Court Upholds Tennessee Law Prohibiting Gender-Affirming Care for Children

On June 18, 2025, the Supreme Court of the United States ruled that a Tennessee law banning gender-affirming care for minors does not classify on the basis of sex in ways that would require heightened scrutiny under the Equal...more

Fisher Phillips

Pop Quiz: How Much Do You Know About Pride Month and LGBTQ+ Rights in the Workplace?

Fisher Phillips on

Pride Month provides an opportunity for you to recognize the resilience of the LGBTQ+ community at your workplace amid an evolving and often challenging legal and political landscape. Now more than ever, this year’s Pride...more

McAfee & Taft

Court strikes down EEOC’s sexual orientation and gender identity guidelines

McAfee & Taft on

A federal court’s ruling last week striking down the Equal Employment Opportunity Commission’s guidelines on gender identity and sexual orientation harassment in the workplace got the attention of employers around the...more

ArentFox Schiff

Federal Court Strikes Down Key Portions of EEOC Harassment Guidance

ArentFox Schiff on

On May 15, a Texas federal court vacated portions of the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace, concluding that the agency’s expanded interpretation of “sex”...more

Best Best & Krieger LLP

Presidential Executive Orders and The Workplace

Inauguration week yielded a flurry of presidential executive orders, including 26 on Monday, January 20, 2025, alone. Many of those orders seem to be creating buzz, if not serious and understandable confusion, about possible...more

McAfee & Taft

Trump redefines ‘sex’ in executive order

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Within hours of taking office for a second term, President Trump issued a flurry of executive orders and actions on topics ranging from immigration and climate change to revoking DEI mandates. While many of these actions are...more

Proskauer - Law and the Workplace

President Trump’s Executive Order on Recognizing Two Sexes: Implications for Private Employers

On Monday, January 20, 2025, President Donald Trump issued an Executive Order entitled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government” (the “Order”).  The Order...more

Constangy, Brooks, Smith & Prophete, LLP

ACLU, others back EEOC in challenge to Enforcement Guidance on harassment

The bathroom battle (among others) continues. The State of Texas and the Heritage Foundation, on behalf of employers, have challenged the EEOC's recent Enforcement Guidance on Harassment in the Workplace. The lawsuit alleges...more

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

Different School of Thought, Part IV: Partial Stays of Injunctions Against Enforcement of New Title IX Regs Requested From Supreme...

On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the...more

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

Perkins Coie

June Tip of the Month: Updated EEOC Guidance Enhances Gender Identity and Sexual Orientation Protections

Perkins Coie on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its new Enforcement Guidance on Harassment in the Workplace (the Guidance), the first update to its Guidance in over 20 years. Among the many...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

Foley Hoag LLP

EEOC Releases Updated Guidance on Workplace Harassment

Foley Hoag LLP on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance sets forth the EEOC’s position on harassment that constitutes...more

Butler Snow LLP

EEOC Updates Harassment Guidance for First Time in 25 Years

Butler Snow LLP on

Almost seven months after seeking public comment on an initial proposed version, and more than seven years after first attempting to update its guidance on the issue, the Equal Employment Opportunity Commission issued on...more

Steptoe & Johnson PLLC

The EEOC Unveils Final Version of Enforcement Guidance on Harassment in the Workplace

On April 29, the U.S. Equal Employment Opportunity Commission (EEOC), after nearly seven years of effort, released updated guidance concerning harassment in the workplace. The updated guidance reflects three key developments...more

Adams & Reese

EEOC Publishes Guidelines on Workplace Harassment; First Major Overhaul in 25 Years

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The Equal Employment Opportunity Commission (EEOC) issued a crucial set of guidelines on workplace harassment on April 29, 2024, by publishing the "Enforcement Guidance on Harassment in the Workplace". These guidelines are...more

McAfee & Taft

When religion and DEI training collide

McAfee & Taft on

Since the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which clarified that Title VII’s protections against discrimination “based on … sex” included sexual orientation and gender identity, an increasing area of...more

Butler Snow LLP

EEOC Releases New Guidance on Harassment in the Workplace

Butler Snow LLP on

On September 29, 2023, the U.S. Equal Employment Opportunity Commission (the “EEOC”) released its draft guidance concerning harassment in the workplace. The updated guidance reflects notable changes in law, including the...more

Freeman Law

The Righteous Stand Bold Like a Lion | Bostock, Religious Organization Employers, and Title VII

Freeman Law on

This Insights blog addresses the aftermath of the monumental U.S. Supreme Court opinion of Bostock v. Clayton County, 140 S.Ct. 1731 (June 15, 2020) and the ongoing collision of the right to religious freedom enjoyed by...more

Rumberger | Kirk

In the Case of Public School Bathrooms: Separate Is Equal

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Eleventh Circuit Says School’s Policy of Assigning Bathrooms Based on Biological Sex Does Not Violate U.S. Constitution - The issue on appeal for the Eleventh Circuit to decide was whether separating the use of male and...more

Proskauer - Employee Benefits & Executive...

District Court Holds Third-Party Administrator Violated ACA’s Anti-Discrimination Rules by Administering Self-Insured Plan’s...

On the heels of several recent court decisions concerning gender-affirming care, a federal district court in Washington concluded that the denial of benefits for gender-affirming care by a third-party administrator (“TPA”)...more

Proskauer - Law and the Workplace

Texas District Court Holds EEOC Guidance on Sexual Orientation and Gender Identity Discrimination Unlawful

On October 1, 2022, the United States District Court for the Northern District of Texas held that Equal Employment Opportunity Commission (“EEOC”) guidance addressing sexual orientation and gender identity discrimination in...more

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