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Moving Forward: District Court Denies Religious University’s Motion to Dismiss Transgender Ex-Employee’s Title VII Suit

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

New Presidential EO Says Federal Government Recognizes ‘Two Sexes’ Only

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

What Schools Need to Know After Court Vacates Title IX Regulations Nationally

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

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

Virginia Education Department Releases New Model Policies on Treatment of Student Gender Identity

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 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

Biden Administration Marks Transgender Visibility Day With Plan of Support

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

Supreme Court: Title VII Protects LGTBQ+ Employees

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

Pending State Bills Propose To Limit The Ability Of Transgender Student-Athletes To Compete

Several states have introduced legislation to require transgender student-athletes at the elementary and secondary school levels to compete only in their sex assigned at birth, not based on their gender identity. While...more

U.S. Supreme Court To Hear Arguments On LGBTQ+ Workplace Protections Under Title VII

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

U.S. Supreme Court To Rule On LGBTQ Workplace Protections Under Title VII

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

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

New York City And State Expand Protections For Transgender, Non-Binary, Gender Non-Conforming Workers

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

Fitness Industry Legal Update – Winter 2018

The increasing number of legislation on public accommodation and transgender restrooms has affected several industries. In the fitness industry, it is important for gyms and fitness clubs and facilities to adopt...more

What Employers Should Watch For In Election 2018

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

Title VII Anti-Discrimination Protection Covers Transgender Employee, Appeals Court Rules

The Equal Employment Opportunity Commission may pursue claims that an employee was discriminated against on the basis of transgender status in violation of Title VII of the Civil Rights Act, the federal appeals court in...more

New York City Expands Definitions Of ‘Sexual Orientation’ And ‘Gender’ In Human Rights Law

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

Department Of Justice Releases Memorandum Restricting Transgender Worker Protection Under Title VII

On October 4, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s position that gender identity is protected as part of Title VII of the Civil Rights Act’s prohibition against sex discrimination — taking...more

California’s New Regulations Offer More Protection For Transgender Individuals

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

Investigating Transgender Student Discrimination Under New Education Department Directives

Department of Education regional directors have been given new instructions on sex discrimination protections for transgender students under Title IX of the Education Act of 1972. Two updated, internal Office of Civil Rights...more

Seventh Circuit Hands Down Major Ruling In Transgender Student Case

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

Supreme Court Sends Transgender Student Case Back to Lower Court; Other Case Worth Watching

Following revocation of Obama Administration transgender guidance, the U.S. Supreme Court has vacated the U.S. Court of Appeals for the Fourth Circuit’s determination that a transgender student had shown a likelihood of...more

Trump Administration Rescinds Guidance on Transgender Rights under Title IX

The Trump Administration has announced that the Department of Education (DOE) and the Department of Justice (DOJ) rescinded the Obama Administration’s May 2016 Dear Colleague Letter directing that schools “treat a student’s...more

U.S. Supreme Court to Hear Transgender Student Case

The U.S. Supreme Court has agreed to hear oral argument in one of the high-profile challenges to the legality of the Dear Colleague Letter (“DCL”) jointly issued by the U.S. Departments of Justice and Education on May 13,...more

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