News & Analysis as of

Transgender Title VII Harassment

Jackson Lewis P.C.

EEOC Enforcement Guidance on Workplace Harassment: Covered Bases and Causation

Jackson Lewis P.C. on

The Equal Employment Opportunity Commission (EEOC) issued its first updated enforcement guidance on workplace harassment in 25 years on April 29, 2024. The guidance reflects a number of new developments concerning workplace...more

Jackson Lewis P.C.

Gender Identity Protections: Transgender Harassment, Reverse Discrimination Cases Allowed by Courts

Jackson Lewis P.C. on

Two cases show that courts consider alleged harassment or discrimination based on transgender or cisgender status to be colorable under Title VII of the Civil Rights Act. Vacating summary judgment for the employer, a federal...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

Bricker Graydon LLP

EEOC Updates Its Guidance on Workplace Harassment

Bricker Graydon LLP on

The Equal Employment Opportunity Commission (EEOC) hopped on the bandwagon of employment law updates this week by updating its guidance to prevent workplace harassment. This guidance focuses on protecting covered employees...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Sis-Bro, Inc. for Gender Identity Discrimination and Harassment

Hog Farm Owner and Employees Harassed Transgender Employee, Federal Agency Charges - CHICAGO – Sis-Bro, Inc., a hog farm in New Athens, Illinois, violated federal law when it allowed an employee to be harassed because of...more

Akerman LLP - HR Defense

LGBTQ+ Protections, Virtual Harassment, and Social Media Posts: The EEOC Updates Its Harassment Guidance for the 21st Century

The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled “Proposed Enforcement Guidance on Harassment in the Workplace.” The proposed guidance sets...more

Butler Snow LLP

Fourth Circuit Rules that Gender Dysphoria is Covered by the Americans with Disabilities Act

Butler Snow LLP on

The United States Court of Appeals for the Fourth Circuit became the first federal appellate court to find that the Americans with Disabilities Act (“ADA”) provides coverage to individuals diagnosed with gender dysphoria. ...more

TNG Consulting

Judge Permits Title VII Lawsuit Against K-12 School District for Harassment of Transgender Teacher

TNG Consulting on

Jennifer Eller, a transgender teacher in the Prince George’s County Public Schools (PGCPS), sued the system for violations of the 14th Amendment, Title VII, Title IX, and the Maryland Fair Employment Practices Act. Eller...more

Parker Poe Adams & Bernstein LLP

Failure to Identify Harasser Did Not Make Employer's Response Unreasonable

Under Title VII, employers are liable to an employee for incidents of co-worker harassment when they knew or should have known that the conduct was occurring, yet failed to take reasonable measures to end it. Last week, the...more

Parker Poe Adams & Bernstein LLP

Occasional Use of Wrong Pronouns Does Not Create Harassment Claim for Transgender Employee

Employees who transition genders may ask their employer and co-workers to begin addressing them with names and pronouns associated with that different gender. On September 17, a federal district court in Maryland (which,...more

Harris Beach PLLC

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

Harris Beach PLLC on

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

Jackson Lewis P.C.

March 31 is International Transgender Day Of Visibility

Jackson Lewis P.C. on

Gender identity, transgender status, gender non-conformance, and workplace gender transitions are timely topics, both societally and within workplaces. March 31 is International Transgender Day of Visibility, which aims to...more

Hogan Lovells

What New York Employers Should Know Regarding the Rights of Transgender Employees

Hogan Lovells on

About 1.4 million Americans recognize themselves – surgically or otherwise – as a gender other than the one they were born into....more

Littler

Annual Report on EEOC Developments — Fiscal Year 2017

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more

U.S. Equal Employment Opportunity Commission...

Bojangles’ To Pay $15,000 To Settle EEOC Sexual Harassment and Retaliation Lawsuit

Transgender Employee Subjected to Gender Identity Harassment Then Fired for Reporting, Federal Agency Charged - RALEIGH, N.C. - Bojangles' Restaurants Inc., a North Carolina corporation operating a chain of fast food...more

Dorsey & Whitney LLP

It May Be A New World For Sexual Harassment, But Many Old Rules Still Apply

Dorsey & Whitney LLP on

In the weeks since allegations began to surface regarding the sexually predatory behavior of movie mogul Harvey Weinstein, sexual harassment allegations (sometimes admitted and sometimes disputed) against powerful, prominent...more

Bowditch & Dewey

Eleventh Circuit Court of Appeals Decision Lends Further Confusion to Title VII Protections

Bowditch & Dewey on

In a rather disconnected decision on March 10, the United States Court of Appeals for the 11th Circuit ruled, in the case of Evans v. Georgia Regional Hospital, that while Title VII bars an employer from discriminating...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Franczek P.C.

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

Franczek P.C. on

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation....more

Snell & Wilmer

Transgender Issues in the Workplace: Legal Issues and Considerations for Companies

Snell & Wilmer on

Over this past year, there has been an increasing amount of attention on transgender persons both in the media and in the law. Garnering particular attention, North Carolina passed Senate Bill 2 which prohibits students and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Bojangles For Sex Harassment and Retaliation

Restaurant Chain Subjected Transgender Employee to Sex Harassment, Then Fired Her for Complaining, Federal Agency Charges - FAYETTEVILLE, N.C. - Bojangles Restaurants, Inc., a North Carolina corporation operating a chain...more

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