A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more
5/30/2025
/ Constitutional Challenges ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Labor Laws ,
Gender Identity ,
Harassment ,
Sex Discrimination ,
State Labor Laws ,
Statutory Interpretation ,
Texas ,
Title VII
The Iowa Legislature passed a bill (Senate File 418) removing “gender identity” as a protected characteristic under the Iowa Civil Rights Act. The Act prohibits discrimination in employment, education, housing, credit, and...more
3/10/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
State Labor Laws ,
Title VII
The U.S. District Court for the Western District of Virginia denied Liberty University’s motion to dismiss a federal lawsuit brought by a former employee who alleges that Liberty violated Title VII of the Civil Rights Act...more
2/28/2025
/ Civil Rights Act ,
Discrimination ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
Motion to Dismiss ,
Religious Accommodation ,
Religious Discrimination ,
Title VII ,
Transgender
On Jan. 29, 2025, President Donald Trump signed the “Ending Radical Indoctrination in K-12 Schooling” executive order (EO) and the “Expanding Educational Freedom and Opportunity for Families” EO, directing federal agencies to...more
2/7/2025
/ Charter Schools ,
Civil Rights Act ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Federal Funding ,
Gender Identity ,
Private Schools ,
Public Schools ,
Secretary of Education ,
Trump Administration
On his first day in office, President Donald Trump acted swiftly to ensure federal agencies recognize only two sexes, male and female, and to reject the concept of “gender ideology.” Among the slew of his Day 1 executive...more
The Biden Administration’s April 2024 changes to Title IX regulations were struck down in a court ruling that applies nationwide. State of Tennessee v. Cardona, No. 2: 24-072-DCR (E.D. Ky. Jan. 9, 2025). The Kentucky federal...more
1/13/2025
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Compliance ,
Constitutional Challenges ,
Department of Education ,
Educational Institutions ,
Final Rules ,
First Amendment ,
Gender Identity ,
School Policies ,
Sex Discrimination ,
Sexual Harassment ,
Title IX ,
Transgender ,
Trump Administration
Employers must proceed carefully when responding to complaints around pronoun use where federal and state mandates appear to conflict. For instance, Equal Employment Opportunity Commission (EEOC) guidance states that...more
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
As the industry continues to evolve, access to healthcare remains a key challenge. For certain segments of the population, access to healthcare is not equitable.
We will examine how the ADA and state disability and...more
11/11/2022
/ Accessibility Rules ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Best Practices ,
Continuing Legal Education ,
Disability Discrimination ,
Equity ,
Gender Discrimination ,
Gender Identity ,
Health Care Providers ,
Hearing-Impaired ,
Limited English Proficiency (LEP) ,
Rehabilitation Act ,
Sex Discrimination ,
Transgender ,
Webinars
The Virginia Department of Education issued new 2022 Model Policies pursuant to Virginia School Code § 22.1-23.3 that reverse the 2021 Model Policies. The new policies provide that parents, not students, must communicate with...more
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
On Transgender Day of Visibility 2022, March 31, the Biden Administration published a Fact Sheet outlining its dedication to equality and visibility for transgender, non-binary, and gender non-conforming Americans....more
Joining a host of communities in North Carolina, the Charlotte City Council has unanimously passed an ordinance to add nondiscrimination protections for sexual orientation, gender identity, gender expression, familial status,...more
With COVID-19 giving rise to a whole host of new claims ranging from issues surrounding remote work to tuition reimbursement as well as new developments in the area of sexual orientation and gender identity, employers need a...more
2/19/2021
/ Colleges ,
Coronavirus/COVID-19 ,
Duty of Care ,
Educational Institutions ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Gender Identity ,
Health and Safety ,
Infectious Diseases ,
Negligence ,
Reimbursements ,
Remote Working ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Employees ,
Students ,
Tuition ,
Universities ,
Workplace Safety
As 2021 begins, Jackson Lewis is again providing “The Year Ahead for Employers” to clients. This comprehensive report covers all aspects of employment law and highlights 2020 issues, trends, legislative and regulatory...more
The U.S. Supreme Court has held that LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964.
The Court issued its decision in three consolidated cases: Bostock v....more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The U.S. Supreme Court is set to hear oral argument on October 8, 2019, in three high-stakes cases that will decide whether LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act...more
10/8/2019
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sexual Stereotyping ,
Title VII ,
Transgender
Whether LGTBQ employees are protected from employment discrimination by Title VII of the Civil Rights Act will be decided by the U.S. Supreme Court next term.
The Court has agreed to hear three cases to...more
4/23/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
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
Protections for transgender, non-binary, and gender non-conforming employees in New York have been given a boost. Significant changes to the New York City Human Rights Law (NYCHRL) will expand the scope of prohibited...more
Election Day may result in significant changes in our country’s labor and employment landscape. This article discusses some issues employers should watch closely....more
New Hampshire became the 20th state in the country to prohibit discrimination of all forms based upon gender identity when Governor Chris Sununu signed House Bill 1319 into law on June 8, 2018. The law goes into effect on...more
A new law passed by the New York City Council amends and significantly broadens the definitions of “sexual orientation” and “gender” in the New York City Human Rights Law (NYCHRL). The new law will become effective on May 11,...more
California’s Department of Fair Employment and Housing (DFEH) has approved new regulations to protect transgender individuals, effective July 1, 2017.
The new regulations expand protections available for people who...more
On May 30, 2017, the Seventh Circuit Court of Appeals ruled that a transgender student has the right to use the bathroom that aligns with his gender identity in Whitaker v. Kenosha Unified School District No. 1 Board of...more