News & Analysis as of

Corporate Counsel LGBTQ Employer Liability Issues

Sheppard Mullin Richter & Hampton LLP

California District Court Partially Enjoins Application of DEI and “Gender Ideology” Executive Orders Against Coalition of...

Recently, the U.S. District Court for the Northern District of California in the case of San Francisco AIDS Foundation v. Trump temporarily halted enforcement of parts of the diversity, equity and inclusion and “gender...more

Jackson Lewis P.C.

Iowa Erases ‘Gender Identity’ from Its Civil Rights Law: Employers Still Obligated Under Federal Title VII

Jackson Lewis P.C. on

The Iowa Legislature passed a bill (Senate File 418) removing “gender identity” as a protected characteristic under the Iowa Civil Rights Act. The Act prohibits discrimination in employment, education, housing, credit, and...more

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

Texas Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more

Constangy, Brooks, Smith & Prophete, LLP

What's in that new EEOC guidance on workplace harassment?

It's worth a read. The U.S. Equal Employment Opportunity Commission recently released a proposed Enforcement Guidance on Harassment in the Workplace, and it's quite good. Don't let the length intimidate you. If you aren't an...more

Epstein Becker & Green

Michigan Becomes 24th State to Protect LGBQT+ Employees Under Civil Rights Law

Epstein Becker & Green on

On March 8, 2023, the Michigan Legislature passed Senate Bill 4, amending the Elliott Larsen Civil Rights Act (ELCRA), and adding protections for individuals based on their sexual orientation, gender identity or expression. ...more

Seyfarth Shaw LLP

The EEOC Proposes Detailed New Enforcement Priorities For 2023-2027

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Tuesday, January 10, the EEOC released for public comment its draft 2023-2027 Strategic Enforcement Plan, or “SEP” (available here)—a document that will guide the Commission’s enforcement priorities for...more

Morgan Lewis

UK Employment Appeal Tribunal: ‘Gender-critical’ Beliefs Are Protected Philosophical Beliefs

Morgan Lewis on

The UK’s Employment Appeal Tribunal (EAT) found on 10 June 2021 in Maya Forstater v CGD Europe and others that gender-critical beliefs—including believing that one’s biological sex is immutable and not to be conflated with...more

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

Practical Questions for Employers Following the Bostock Decision, Part 2: Dress Codes and Grooming Standards

On June 15, 2020, the Supreme Court of the United States issued its decision in Bostock v. Clayton County, Georgia, holding that, pursuant to Title VII of the Civil Rights Act of 1964, as amended, covered employers may not...more

McDermott Will & Schulte

LGBTQ Title VII Ruling May Impact Your Employee Benefit Plan

On Monday, June 15, 2020, the US Supreme Court held in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 protects transgender, gay and lesbian employees (and prospective employees) from workplace...more

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

In Landmark Decision, Supreme Court Rules That Title VII Prohibits Employment Discrimination of Gay and Transgender Individuals

On June 15, 2020, the Supreme Court of the United States held that Title VII of the Civil Rights Act of 1964’s prohibition of sex discrimination encompasses discrimination against gay and transgender individuals. Justice Neil...more

Littler

Virginia Enacts New Legislation Offering Additional Protection to Workers

Littler on

When the Democrats took control of the General Assembly in addition to the governorship in the November 2019 election, many predicted an expansion of workers’ rights.  That prediction was realized with the 2020 Virginia...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

McAfee & Taft

Transgender harassment lawsuit goes forward

McAfee & Taft on

Courts around the country are split on the question of whether Title VII of the Civil Rights Act protects individuals against discrimination based on sexual orientation. A recent Arizona federal court recognized the ability...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

Littler

Puerto Rico DOL Issues Guidance on Law Prohibiting Sexual Orientation and Gender Identity Discrimination

Littler on

On May 2019, the Puerto Rico Department of Labor (PRDOL) revised and updated its Protocol on Sexual Orientation and Gender Identity Discrimination pursuant to Act No. 22 of 2013 (Protocol)....more

Littler

Supreme Court to Decide Whether Title VII's Sex Discrimination Protections Cover Sexual Orientation, Gender Identity

Littler on

The U.S. Supreme Court announced on April 22, 2019 that it will decide whether gay, lesbian, and transgender workers are expressly protected under federal civil rights law on the basis of their sexual orientation. The Court...more

Littler

Dear Littler: Can We Add New Categories to our Employment Self-Identification Forms for Sex and Race?

Littler on

Dear Littler: I work in HR at a large, California-based company with branches across the country. We pride ourselves on our diverse and inclusive workforce, and encourage employees to self-identify their race/ethnicity and...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments Of 2018 In EEOC-Initiated Litigation (And Preview Of Our Annual EEOC Litigation Report)

Seyfarth Shaw LLP on

Seyfarth Synopsis: We are once again pleased to offer our readers an analysis of the five most intriguing developments in EEOC litigation in 2018, in addition to a pre-publication preview of our annual report on developments...more

Littler

Key Recent Developments in Indian Employment Law Impacting Diversity in the Workplace

Littler on

Four key recent developments in Indian employment law will impact diversity and inclusiveness policies of companies operating in India. The first is the enhancement of maternity leave benefits. ...more

Seyfarth Shaw LLP

New York City Commission On Human Rights Proposes New Rules Broadening The Definition Of Gender And Prohibited Discriminatory...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York City Commission on Human Rights (the “Commission”) is proposing to amend its rules to establish certain definitions and clarify the scope of protections with respect to gender under the New...more

FordHarrison

New Jersey to Pass Broadest Pay Equity Law in the US

FordHarrison on

On March 26, 2018, the New Jersey legislature overwhelmingly passed amendments to the state discrimination law, including additional pay equity protections. ...more

Fisher Phillips

Another Landmark Ruling: Court Says Transgender Discrimination Violates Federal Anti-Bias Law - Three Things You Need To Know...

Fisher Phillips on

In what appears to be the first time a federal appeals court has extended the nation’s main federal employment discrimination statute to cover transgender and transitioning employees, the 6th Circuit Court of Appeals...more

Littler

WPI State of the States: Lawmakers Keep Their Focus on Equal Pay Measures

Littler on

As the holiday season approaches, legislative activity at the state level is starting to slow down. The California General Assembly closed out its term, for example, giving employers a breather until January. Illinois’...more

Akerman LLP

Episode 25: EEOC Commissioner Chai Feldblum Part II: Other Emerging EEOC Trends + Takeaways

Akerman LLP on

Matt Steinberg welcomes EEOC Commissioner Chai Feldblum for the second half of their wide-ranging conversation where Matt and Commissioner Feldblum discuss federal protection of employment-related LGBT rights, how the DOJ’s...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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