News & Analysis as of

Transgender Gender Identity Equal Protection

Bricker Graydon LLP

Summer's Hot Debate: Does a Self-Funded Group Health Plan Cover Gender-Affirming Care?

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As the temperatures continue to rise, regulations and litigation related to employer-sponsored group health plans have followed suit. As these new rules continue to evolve, we are often asked whether a self-insured group...more

ArentFox Schiff

Fourth Circuit Rules that State Health Plans Must Cover Gender-Affirming Care

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Last week, the US Court of Appeals for the Fourth Circuit issued a decision holding that state health care plans in North Carolina and West Virginia must cover gender-affirming surgeries. A copy of the decision, Kadel v....more

Pullman & Comley - School Law

Connecticut State Department of Education Issues New Transgender Student Guidance

Late last week the Connecticut State Department of Education (“CSDE” or “Department”) issued new guidance addressing the rights of transgender students in Connecticut schools.  Entitled Guidance on Civil Rights Protections...more

Proskauer Rose LLP

Three Point Shot - September 2023

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more

Dorsey & Whitney LLP

What risks do employers face by excluding coverage for gender affirming care in their health plans?

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In recent years, courts have ruled upon a growing number of cases arising from delivery of and payment for gender affirming care. At the same time, state legislatures have passed a variety of laws aimed at such services. ...more

Fisher Phillips

Recent Ruling on School’s Transgender Bathroom Policy Leads to Divide Among Federal Appeals Courts: Will SCOTUS Weigh In?

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A Florida public school’s transgender bathroom ban was recently upheld by a federal appeals court, leading to a circuit split that may need to be resolved by the U.S. Supreme Court. Specifically, in a 7-4 ruling, the 11th...more

Bowditch & Dewey

The 11th Circuit Flushes Away Rights to Bathroom Access in Schools

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A federal appeals court in Florida recently weighed in on the national debate about bathrooms and gender identity, teeing up the issue for review by the U.S. Supreme Court. In a decision issued in December 2022, the 11th...more

TNG Consulting

11th Circuit Breaks with Other Appeals Courts, Upholds K-12 Sex-Based Bathroom Policy

TNG Consulting on

Adams v. School Board of St. John’s County, 3:17-cv-00739, 2022 WL 18003879 (11th Cir. 2022) Adams, a transgender boy, sued the board of his Florida school district (“the School Board”) after his high school prohibited...more

Tucker Arensberg, P.C.

Legal Issues Involving Transgender Students

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In recent years, the legal rights of transgender students have been litigated in courts around the country. While court decisions have provided some guidance for school districts, many questions remain. This article addresses...more

Miles & Stockbridge P.C.

Gender Dysphoria Recognized as a Disability Under Federal Law

A federal appeals court this week ruled that “gender dysphoria” qualifies as a disability under the Americans with Disabilities Act (“ADA”). This decision will give broader protection to transgender and other individuals...more

Jackson Lewis P.C.

Gender Dysphoria is Not Excluded from Coverage under ADA, Fourth Circuit Rules

Jackson Lewis P.C. on

Gender dysphoria is not excluded from the broad definition of “disability” protected under the Americans with Disabilities Act (ADA), a divided panel of the U.S. Court of Appeals for the Fourth Circuit has held....more

TNG Consulting

Eleventh Circuit Extends Bostock to Protect Transgender Students under Title IX

TNG Consulting on

Adams v. Sch. Bd. of St. Johns Cty., 968 F.3d 1286 (11th Cir. 2020). Factual Summary: Drew Adams is a transgender male who was prohibited from using the boys’ restroom at his public high school. In the eighth grade,...more

Bricker Graydon LLP

Ohio Department of Health to allow sex marker changes on birth certificates

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On December 16, 2020, in Ray et al. v. Breda et al., the United States District Court for the Southern District of Ohio found that the Ohio Department of Health’s (ODH) policy to deny requests for sex marker changes on birth...more

Bricker Graydon LLP

Transgender legal update

Bricker Graydon LLP on

On December 16, 2020, the United States District Court for the Southern District of Ohio found that the Ohio Department of Health’s (ODH) policy to deny requests for sex marker changes on birth certificates by transgender...more

McAfee & Taft

Court applies Bostock’s “because of… sex” ruling to Title IX case

McAfee & Taft on

This past June, the U.S. Supreme Court decision in Bostock v. Clayton County expanded the protections of Title VII, which prohibits an employer from discriminating against an employee or applicant “because of … sex,” to...more

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

Fisher Phillips on

In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...more

Seyfarth Shaw LLP

Arizona Federal Court Recommends Class Certification On The Basis Of Demographic Studies

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Toomey v. Arizona, No. 19-CV-0035, 2020 WL 2465707 (D. Ariz. May 12, 2020), a Magistrate Judge for the U.S. District Court for the District of Arizona recommended the certification of class claims...more

Seyfarth Shaw LLP

Exclusion for Gender Reassignment Surgery May Violate Title VII and the Equal Protection Clause

Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 23, 2019, District Judge Rosemary Marquez ruled, in connection with a motion to dismiss, that Title VII does protect discrimination based on a person’s transgender status, and that a health...more

Stoel Rives - World of Employment

U.S. Supreme Court Hears Argument on LGBTQ Rights

This week the United States Supreme Court commenced its 2019-2020 term, during which it will examine significant questions related to the scope of Title VII of the Civil Rights Act of 1964. Yesterday, on October 8th, the...more

Seyfarth Shaw LLP

Exclusion for Gender Reassignment Surgery May Disadvantage a “Suspect Class”

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Toomey v. U of Arizona, No. 19-35 (D. Ar. June 24, 2019), the Magistrate Judge determined on a motion to dismiss that Title VII does not prohibit discrimination based on a person’s transgender status. ...more

Harris Beach PLLC

Exploring the Origins of Pride Month and Taking Stock of LGBTQ+ Rights

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Across the country each June, communities come together to celebrate Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. This month of events honors the 1969 Stonewall Uprising in Manhattan while also...more

Ballard Spahr LLP

Third Circuit Rejects Challenge to School District's Bathroom Policy for Transgender Students

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The U.S. Court of Appeals for the Third Circuit has issued its much anticipated precedential opinion upholding denial of a preliminary injunction against a Pennsylvania school district's policy allowing transgender high...more

FordHarrison

"Here We Go Again": Transgender Bathroom Dispute Headed Back to the Fourth Circuit

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The protracted case of Gavin Grimm is set to be heard once again by the United States Court of Appeals for the Fourth Circuit. ...more

Husch Blackwell LLP

Update On Federal Courts Addressing Transgender Issues In Schools: Grimm V. Gloucester County School Board And Doe V. Boyertown...

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Within the last couple of weeks, two decisions were issued that relate to transgender students’ use of facilities in public schools. In Grimm v. Gloucester County School Board, on remand from the U.S. Supreme Court and the...more

Husch Blackwell LLP

Supreme Court Not Likely to Rule this Term on Issues Affecting Transgender Students’ Access to Restrooms that Correspond with...

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The Supreme Court recently lost an opportunity to address important issues affecting transgender students. On August 25, 2017, the Kenosha Unified School District filed a petition for certiorari after the Seventh Circuit...more

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