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Appeals Gender Identity Title VII

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

Dorsey & Whitney LLP on

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

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

Proskauer Rose LLP

Broadway Ruling Puts Discrimination Claims In The Limelight

Proskauer Rose LLP on

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

Butler Snow LLP

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

Butler Snow LLP on

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

Rumberger | Kirk

Gender Dysphoria and the ADA: What it Means for Employers

Rumberger | Kirk on

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

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

Parker Poe Adams & Bernstein LLP

Post-Bostock Harassment Claims Must Still Show Plaintiff Treated Differently Based on Sex

In last year’s landmark Bostock decision, the U.S. Supreme Court held that discrimination due to sexual orientation or gender identity is prohibited under Title VII. In its earlier Oncale decision, the Court concluded that...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

McAfee & Taft

Court applies Bostock’s “because of… sex” ruling to Title IX case

McAfee & Taft on

This past June, the U.S. Supreme Court decision in Bostock v. Clayton County expanded the protections of Title VII, which prohibits an employer from discriminating against an employee or applicant “because of … sex,” to...more

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

Fisher Phillips on

In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...more

Payne & Fears

Key California Employment Law Cases: June 2020

Payne & Fears on

Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary:  Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more

Miles & Stockbridge P.C.

Has the Fourth Circuit Set the Stage for LGBTQ Protections Under Title VII?

The Fourth Circuit’s recent decision in Evangeline Parker v. Reema Consulting Services, Incorporated, 915 F.3d 297 (4th Cir. 2019) grabbed headlines for its controversial ruling that workplace gossip can support a sex...more

Proskauer - Law and the Workplace

SCOTUS to Decide Whether Title VII Protects Sexual Orientation and Gender Identity

On April 22, 2019, the Supreme Court granted certiorari in three cases that raise the question of whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. In two of the cases,...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Hints Title VII Does Not Protect Sexual Orientation or Gender Identity

One of the most important developments in employment law over the past several years has been the expansion by some federal courts of Title VII’s sex discrimination prohibitions to encompass sexual orientation and gender...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Rejects Title VII Transgender Protection, but Grants Summary Judgment on Other Grounds

In Wittmer v. Phillips 66, Judge James Ho of the Fifth Circuit wasted no time stating the Fifth Circuit’s position on whether sexual orientation or transgender status are protected classes under Title VII – they are not....more

Parker Poe Adams & Bernstein LLP

U.S. Justice Department Argues Against EEOC Position Protecting Transgender People

Earlier this year, the Equal Employment Opportunity Commission persuaded the Sixth Circuit Court of Appeals that a funeral home’s termination of a transgender employee violated Title VII’s prohibition against sex...more

Proskauer - Law and the Workplace

Sixth Circuit Holds Discrimination Based on Transgender Status is Prohibited Under Title VII

In a unanimous decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., a three-judge Sixth Circuit panel has held that discrimination on the basis of transgender status is “necessarily” discrimination on the basis of sex...more

FordHarrison

Second Circuit Finds Title VII Prohibits Discrimination Based on Sexual Orientation

FordHarrison on

Executive Summary: Overruling prior circuit precedent, the full U.S. Court of Appeals for the Second Circuit held yesterday that sexual orientation discrimination is a subset of sex discrimination under Title VII. ...more

McAfee & Taft

SCOTUS declines to determine whether Title VII covers sexual orientation

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In a bit of a surprise move, the U.S. Supreme Court today passed on an opportunity to provide some long-awaited clarity on the interplay between sexual orientation and Title VII of the Civil Rights Act of 1964. In Evans v....more

Bowditch & Dewey

Is a Dependent’s Gender Reassignment Covered Under Employer-Sponsored Benefits Plans?

Bowditch & Dewey on

In Tovar v. Essentia Health (U.S. 8th Circuit Court of Appeals, 2017), Brittany Tovar sought and was denied benefits needed for her son’s gender reassignment based on a diagnosis of gender dysphoria, as the Essentia health...more

Littler

Missouri Appellate Court’s Holding That Sex Discrimination May Be Based on Sex Stereotyping Offers Some Protections for LGBT...

Littler on

In Lampley, et al. v. Missouri Commission on Human Rights, the Missouri Court of Appeals held that sex stereotyping can form the basis of a sex discrimination claim when the complaining party is gay, but should not be...more

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