News & Analysis as of

Bostock v Clayton County Georgia Executive Orders

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

Supreme Court Decision Legalizing Same-Sex Marriage Hits 10-Year Anniversary

Ten years have passed since the Supreme Court of the United States granted all same-sex couples the right to marry and have their marriages recognized nationwide. ...more

Woods Rogers

Supreme Court’s Skrmetti Decision Redefines Legal Landscape for Gender-Affirming Care for Youth

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On Wednesday, June 18, 2025, the Supreme Court of the United States issued a landmark 6-3 decision in United States v. Skrmetti, directly addressing the constitutionality of state laws banning gender-affirming care for...more

Morrison & Foerster LLP

Texas Federal Court Vacates Gender Identity-Related Sections of the EEOC’s 2024 Harassment Guidance but Other Sections Remain...

On May 15, 2025, a federal district court in Texas vacated sections of the Equal Employment Opportunity Commission’s (EEOC or the “Commission”) 2024 Enforcement Guidance on Harassment in the Workplace (the “2024 Enforcement...more

Maynard Nexsen

Title VII: What Constitutes Discrimination on the Basis of Sex?

Maynard Nexsen on

On May 15, 2025, the district court for the Northern District of Texas issued an order vacating the gender-identity portions of the EEOC’s 2024 Enforcement Guidance. In the order, District Judge Matthew J. Kacsmaryk stated...more

ArentFox Schiff

Federal Court Strikes Down Key Portions of EEOC Harassment Guidance

ArentFox Schiff on

On May 15, a Texas federal court vacated portions of the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace, concluding that the agency’s expanded interpretation of “sex”...more

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

Federal Court Nullifies EEOC Guidance on LGBTQ+ Protections

On May 15, 2025, a federal court vacated portions of the U.S. Equal Employment Opportunity Commission’s (EEOC) workplace harassment guidance, specifically, guidance on harassment based on sexual orientation and gender...more

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

Utah, West Virginia, and Wyoming Enact Laws Defining Male and Female

Utah, West Virginia, and Wyoming recently passed laws aligning with recent executive orders issued by President Donald Trump defining sex as binary and immutable....more

Seyfarth Shaw LLP

HHS’ Withdrawal of 2022 Guidance Raises Questions about Coverage for Gender-Affirming Care

Seyfarth Shaw LLP on

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

Holland & Knight LLP

The Gender Agenda: Sexual Orientation and Gender Identity in the Trump Administration

Holland & Knight LLP on

On his first day in office, Jan. 20, 2025, President Donald Trump issued an executive order (EO), "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," that is reshaping...more

Warner Norcross + Judd

Title IX Makeover Shakes Up Colleges and Universities

Warner Norcross + Judd on

In the last several weeks, three seismic events have altered the Title IX compliance landscape for colleges and universities around the country: A federal district court’s vacation of the Biden administration’s 2024 Title IX...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ban on Transgender Women From Female Sports Is Challenged in Court

On February 5, 2025, President Donald Trump signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which aims to prohibit transgender women and girls from participating in female sports across all educational...more

Davis Wright Tremaine LLP

New Administration Outlook: Guidance for Employers Amid the Attack on LGBTQ Workers

President Trump's orders targeting "woke gender ideology" do not change existing employment protections for LGBTQ employees, though threats to federal funding remain ambiguous. Title VII of the Civil Rights Act and many...more

Quarles & Brady LLP

Back to the Future: What a Recent Vacatur, Executive Order, and Dear Colleague Letter Mean for Title IX Compliance

Quarles & Brady LLP on

Within the last month, three developments have rocked the Title IX world: the Eastern District of Kentucky’s decision in State of Tennessee v. Cardona, President Trump’s Executive Order restricting the federal definition of...more

Foley & Lardner LLP

EEOC Retires Guidance Protecting LGBTQ Workers and Others From Discrimination, Continuing Rapid Remake of Federal Policy Through...

Foley & Lardner LLP on

As we have noted in recent days, upon returning to the Oval Office, the Trump Administration swiftly: Sent the message that it will pursue an agenda of aggressive enforcement related to immigration and preventing...more

Best Best & Krieger LLP

Presidential Executive Orders and The Workplace

Inauguration week yielded a flurry of presidential executive orders, including 26 on Monday, January 20, 2025, alone. Many of those orders seem to be creating buzz, if not serious and understandable confusion, about possible...more

McAfee & Taft

Trump redefines ‘sex’ in executive order

McAfee & Taft on

Within hours of taking office for a second term, President Trump issued a flurry of executive orders and actions on topics ranging from immigration and climate change to revoking DEI mandates. While many of these actions are...more

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 1 of Trump 2

Whoa, Nelly! It's a stampede! After President Trump took office on Monday, he lost no time in undoing as much as he could from not only the Biden Administration, but also going all the way back to the days of President...more

Proskauer - Law and the Workplace

President Trump’s Executive Order on Recognizing Two Sexes: Implications for Private Employers

On Monday, January 20, 2025, President Donald Trump issued an Executive Order entitled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government” (the “Order”).  The Order...more

Holland & Knight LLP

OCR Shores Up Access to Healthcare with Nondiscrimination Protections

Holland & Knight LLP on

Access to quality healthcare services has long been a priority of the U.S. Department of Health and Human Services (HHS), and through its Office for Civil Rights (OCR) this agency has, since at least 2001, sought to provide...more

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

Proposed EEOC Guidance Highlights Harassment Based on Sexual Orientation and Gender Identity

The U.S. Equal Employment Opportunity Commission (EEOC) recently released proposed guidance seeking to clarify that harassment and discrimination based on LGBTQ+ status—including intentional misgendering, repeated use of...more

Franczek P.C.

Potential Threats to Biden Administration Protections for LGBTQ+ Students and Employees under Title IX?

Franczek P.C. on

Recent court and OCR decisions regarding transgender students and employees reflect widely varying responses to the Biden administration’s efforts to expand protections for LGBTQ+ individuals under federal law, including...more

Rumberger | Kirk

What Rights Do LGBTQ Employees Have At Workplace?

Rumberger | Kirk on

Last year has seen big changes in the workplace for LGBTQ employees. First, there was the United States Supreme Court’s decision in Bostock v. Clayton County, which interpreted Title VII as protecting gay and transgender...more

Harris Beach Murtha PLLC

The Department of Education Now Interprets Title IX to Protect LGBTQ+ Students in Response to President Biden’s Executive Order

LGBTQ+ students are now protected from discrimination under Title IX of the Education Amendments of 1972, a federal law that protects students from sex-based discrimination in public schools. As of last week, Title IX’s...more

Husch Blackwell LLP

The Biden Administration: Expected Changes In Workplace Protections

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Husch Blackwell’s Labor & Employment team is launching a series of employment and labor alerts and labor law podcasts that discuss the expected changes in labor and employment laws under the Biden administration and provide...more

McAfee & Taft

House passes Equality Act as some states head in different direction

McAfee & Taft on

This past June, the U.S. Supreme Court’s decision in Bostock v. Clayton County held that an employer violated Title VII when it discriminated against an applicant or employee because of their sexual orientation or gender...more

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