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Federal Court Vacated Gender Identity Portions of EEOC Harassment Guidance: Employer Uncertainty Remains

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

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

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

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

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

Fourth Circuit Clarifies Scope Of Title VII Same-Sex Workplace Harassment

Same-sex harassment in the workplace under Title VII of the Civil Rights Act is not strictly limited to the three scenarios in the U.S. Supreme Court’s seminal 1998 opinion in Oncale v. Sundowner Offshore Services, a...more

EEOC’s Proposed Revision Of Its Guidance Manual On Religious Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it is seeking public input on its updated Compliance Manual on Religious Discrimination. The compliance manual has not been revised since July...more

March 31 is International Transgender Day Of Visibility

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

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