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Appeals Gender Identity

Franczek P.C.

Seventh Circuit Court of Appeals to Reconsider Transgender Student Access to School Facilities

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The Seventh Circuit Court of Appeals is reconsidering its prior decisions that had established a legal right for transgender students to access bathrooms consistent with their gender identity. The reconsideration is based on...more

Dorsey & Whitney LLP

The Supreme Court Update - July 3, 2025

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The Supreme Court of the United States granted certiorari in five cases today: Little v. Hecox; West Virginia v. B.P.J., Nos. 24-38, 24-43: These two cases will address whether states may prohibit transgender women and...more

King & Spalding

Supreme Court Upholds Tennessee’s Prohibition on Gender-Affirming Care for Minors

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On June 18, 2025, the U.S. Supreme Court issued its opinion in the closely watched case of United States v. Skrmetti. In this 6-3 opinion, the Supreme Court upheld Tennessee’s legislation blocking gender-affirming care,...more

Epstein Becker & Green

Supreme Court Upholds Tennessee’s Ban on Gender-Affirming Care

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On June 18, 2025, in the case of United States v. Skrmetti, the U.S. Supreme Court upheld Tennessee’s ban on gender-affirming care—concluding that the law does not violate the Equal Protection Clause of the Fourteenth...more

Tucker Arensberg, P.C.

Transgender Accommodations and Parental Rights

Tucker Arensberg, P.C. on

A Pennsylvania federal district court held that a school district may have violated fundamental parental rights by not informing a parent of her child’s request to be considered transgender. In 2022, an eighth-grade...more

Ballard Spahr LLP

Texas Judge Strikes EEOC Guidance Protecting Transgender Employees

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A federal judge in Texas issued a decision on May 15, 2025, striking down portions of the EEOC’s Enforcement Guidance on protections against employment discrimination based on gender identity and/or sexual orientation....more

Dorsey & Whitney LLP

EEOC Guidance on Transgender Workers in Flux in Wake of District Court Opinion, While EEOC Continues to Lack Quorum

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On May 15, 2025, a District Court struck portions of the Equal Employment Opportunity Commission’s (“EEOC”) 2024 guidance pertaining to sexual orientation and gender identity under Title VII....more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – April 2025

In this month’s instalment, our team summarises the latest UK case law and developments in employment law – and their implications for employers. In For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, the Supreme...more

Sheppard Mullin Richter & Hampton LLP

Recent Legal and Regulatory Developments Involving Gender-Affirming Care

On January 28, 2025, President Trump signed Executive Order 14187 (the “EO”), which directed the federal government to take steps to ensure that the federal government does not “sponsor, promote, assist, or support” the...more

BCLP

Definition of "Woman” in the Equality Act, Guidance on Conduct Dismissals, and a News Roundup - UK HR Two Minute Monthly: April...

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Our employment law update for April covers the Supreme Court decision the correct definition of “sex” and “woman” in the Equality Act and a Court of Appeal decision providing guidelines on gross misconduct dismissals....more

Holland & Knight LLP

2024 Title IX Regulations Vacated Nationwide: What You Need to Know Today

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Holland & Knight previously explained how injunctions issued in many states blocked enforcement of 2024 Title IX regulations in those states (a list that eventually grew to 26 states) and how a Kansas federal district court's...more

Fisher Phillips

Appeals Court Hands Victory to Transgender Employee Seeking Health Benefits: Key Takeaways and 3 Steps Employers Can Take Now

Fisher Phillips on

A federal appeals court recently held that an employer’s health insurance plan wrongly excluded coverage for gender-affirming care in violation of federal civil rights law – offering a warning to employers across the country...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

Spilman Thomas & Battle, PLLC

WV Transgender School Athlete Successful in U.S.Court

On April 16, 2024, the U.S. Court of Appeals for the Fourth Circuit determined that because West Virginia law and practice have long provided for sex-differentiated sports teams, the sole purpose of the West Virginia "Save...more

Proskauer Rose LLP

Broadway Ruling Puts Discrimination Claims In The Limelight

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Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more

Proskauer Rose LLP

Three Point Shot - September 2023

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more

Fisher Phillips

Recent Ruling on School’s Transgender Bathroom Policy Leads to Divide Among Federal Appeals Courts: Will SCOTUS Weigh In?

Fisher Phillips on

A Florida public school’s transgender bathroom ban was recently upheld by a federal appeals court, leading to a circuit split that may need to be resolved by the U.S. Supreme Court. Specifically, in a 7-4 ruling, the 11th...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fourth Circuit Rules That Gender Dysphoria Is a Disability Under the ADA and the Rehabilitation Act

​​​​​​​In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit recently held in Williams v. Kincaid that individuals with gender dysphoria may be protected under the Americans with Disabilities Act...more

Butler Snow LLP

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

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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

Bass, Berry & Sims PLC

Appeals Court Rules Transgender Workers May Be Covered by the Americans with Disabilities Act

The Fourth Circuit Court of Appeals recently held the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.” According to the American Psychiatric Association, gender dysphoria describes an...more

Mintz - Employment Viewpoints

Fourth Circuit Holds Gender Dysphoria is a Protected Disability Under the ADA

In a recent opinion, Williams v. Kincaid (4th Cir. Aug. 16, 2022), the 4th Circuit Court of Appeals held that gender dysphoria is a covered disability under the Americans with Disabilities Act (ADA). We summarize the opinion...more

Rumberger | Kirk

Gender Dysphoria and the ADA: What it Means for Employers

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On August 16, 2022, a Fourth Circuit panel for the United States Court of Appeals ruled in Williams v. Kincaid that gender dysphoria qualifies as one of the disabilities listed under the Americans with Disabilities Act (ADA)....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Panel Finds Gender Dysphoria Covered Under ADA

​​​​​​​On August 16 in Williams v. Kincaid, a divided three-judge panel of the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) became the first federal appellate court to hold...more

Laner Muchin, Ltd.

Illinois Appellate Court Affirms the Rights of Transgender Employees in the Workplace

Laner Muchin, Ltd. on

The Illinois Appellate Court (Second District) recently issued an opinion deciding an issue of first impression here in Illinois: whether an employer violates the Illinois Human Rights Act (Act) by denying a transgender woman...more

Butler Snow LLP

Fifth Circuit Court of Appeals Requires Transgender Plaintiffs to Identify Comparators to Establish Title VII Discrimination

Butler Snow LLP on

This recent decision from the Fifth Circuit Court of Appeals confirms that plaintiffs claiming discrimination based on transgender status are subject to the same pleading and evidentiary requirements as other discrimination...more

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