In a move with potentially significant implications for entities subject to the Affordable Care Act, the Department of Health and Human Services (HHS) has reversed course and now contends that Section 1557 of the Affordable...more
3/13/2025
/ Affordable Care Act ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Department of Health and Human Services (HHS) ,
Disability Discrimination ,
Employee Benefits ,
Executive Orders ,
Gender Discrimination ,
Gender Dysphoria ,
Gender Expression ,
Gender Identity ,
Health Insurance ,
Healthcare ,
LGBTQ ,
New Guidance ,
Patient Access ,
Rehabilitation Act ,
Section 1557 ,
Statutory Interpretation ,
Transgender ,
Trump Administration
The landscape of transgender employment laws is evolving globally, with various jurisdictions adopting laws that ensure inclusivity and non-discrimination in the workplace. This area is one of the most complex issues in...more
12/17/2024
/ Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Gender Discrimination ,
Gender Identity ,
International Labor Laws ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Transgender
Seyfarth Synopsis: In landmark decision, the Second Circuit joins the Seventh Circuit in holding that Title VII prohibits discrimination on the basis of sexual orientation as a subset of sex discrimination....more
Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western...more
11/2/2017
/ Anti-Harassment Policies ,
Civil Rights Act ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Hostile Environment ,
LGBTQ ,
Protected Class ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more
10/12/2017
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Freedom of Religion ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Same-Sex Marriage ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Seyfarth Synopsis: The Eighth Circuit upheld dismissal of Title VII claims challenging an employee benefit plan’s blanket transgender exclusion because the exclusion impacted the employee’s transgender son, not the employee....more
5/31/2017
/ Affordable Care Act ,
Article III ,
Civil Rights Act ,
Corporate Counsel ,
Employee Benefits ,
Employer Group Health Plans ,
Gender Discrimination ,
Health Insurance ,
LGBTQ ,
Standing ,
Title VII ,
TPAs ,
Transgender
Seyfarth Synopsis: On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights of...more
3/10/2017
/ American Civil Liberties Union (ACLU) ,
Appeals ,
Civil Rights Act ,
Dear Colleague Letter ,
Department of Education ,
Department of Justice (DOJ) ,
Discrimination ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Remand ,
School Restrooms ,
Sexual Orientation Discrimination ,
Title IX ,
Transgender ,
Trump Administration
The U.S. Court of Appeals for the Fourth Circuit holds that Title IX protects a transgender student’s right to use the restroom that aligns with the student’s gender identity.
The Fourth Circuit has become the first...more
The Obama administration continues to use its executive authority to expand societal inclusion of transgender individuals. On September 3, the Department of Health and Human Services issued proposed rules under Section 1557...more
9/16/2015
/ Affordable Care Act ,
Burwell v Hobby Lobby ,
Department of Health and Human Services (HHS) ,
Employer Group Health Plans ,
Gender Discrimination ,
Health Insurance ,
Healthcare ,
Hobby Lobby ,
LGBTQ ,
Obama Administration ,
Public Health Insurance Marketplace ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Transgender