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Discrimination › Transgender

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

Iowa Governor Signs Law Making State the First to Remove Gender Identity Protections From Civil Rights Code

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On February 28, 2025, Iowa Governor Kim Reynolds signed legislation making the state the first to remove antidiscrimination protections for gender identity from its civil rights code....more

Dentons

Iowa 2025 Legislative Session – Week 7

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Last week, Iowa Republicans fast-tracked legislation related to civil rights and gender identity in Iowa, and hundreds of protesters convened at the Capitol each day. New bills continued to be introduced ahead of the first...more

Jackson Lewis P.C.

Moving Forward: District Court Denies Religious University’s Motion to Dismiss Transgender Ex-Employee’s Title VII Suit

Jackson Lewis P.C. on

The U.S. District Court for the Western District of Virginia denied Liberty University’s motion to dismiss a federal lawsuit brought by a former employee who alleges that Liberty violated Title VII of the Civil Rights Act...more

Jenner & Block

Client Alert: Title IX, “Gender Ideology,” and Recent Enforcement Activity: What Higher Education Institutions Need to Know

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Recent executive orders, federal guidance, and enforcement activity have made clear that the Trump Administration plans to interpret and apply Title IX in new and different ways. This includes an understanding of sex as an...more

Seyfarth Shaw LLP

New Visa Restrictions Target Transgender Athletes, Raising Title IX and Compliance Concerns for Colleges

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On February 24, 2025, Secretary of State Marco Rubio directed the State Department to deny visas to transgender athletes if their sex marker does not align with their sex assigned at birth. His directive, 25 STATE 15576,...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC backtracks on transgender, pregnancy; full speed ahead against “anti-American” bias

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I reported a few weeks ago that President Trump fired two Democratic Commissioners of the Equal Employment Opportunity Commission (former Chair Charlotte Burrows and Jocelyn Samuels). He appointed Commissioner Andrea Lucas...more

Benesch

NCAA Bans Transgender Athletes from Participating in College Athletics

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On February 6, 2025 in an updated participation policy, the NCAA barred transgender athletes from competing in women’s college sports. In a statement, the NCAA said that “effective immediately, only athletes assigned female...more

Littler

Trump Bans Transgender Women Athletes from Participating in Athletics

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In the latest slew of executive orders affecting educational institutions, on February 5, 2025, President Trump signed an order titled, “Keeping Men Out of Women’s Sports.” This order states, “it is the policy of the United...more

Miller Nash LLP

New Executive Order “Keeping Men Out of Women’s Sports” Creates Challenging Questions for Oregon School Districts

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On February 5, 2025, President Trump issued an Executive Order (EO) entitled Keeping Men Out of Women’s Sports. This EO expresses strong disapproval of policies allowing transgender girls and women to participate on girls’...more

Spilman Thomas & Battle, PLLC

Trump Administration Set to Ban Transgender Girls and Women from Women’s Sports

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On February 5, 2025, on National Girls and Women in Sports Day, President Trump is expected to sign an Executive Order called, “Keeping Men Out of Women’s Sports.” It is anticipated that there will be a signing ceremony with...more

BCLP

State of Tennessee v. Cardona: Implications of the Vacatur of the 2024 Title IX Regulations

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On April 19, 2024, the Department of Education released its final Title IX regulations regarding sexual discrimination in federally-funded education (the “2024 Title IX Rules”)....more

Clark Hill PLC

Federal Judge Strikes Down 2024 Title IX Rules Nationwide

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Last week, a federal judge struck down the 2024 Title IX Regulations, ruling that the regulations, which expanded nondiscrimination protections for LGBTQ+ students, violate the Constitution. The ruling extends nationwide....more

McGuireWoods LLP

Department of Education Withdraws Proposed Rule Governing Participation on Athletic Teams Based on Gender Identity

McGuireWoods LLP on

On Dec. 26, 2024, the U.S. Department of Education withdrew its proposed rulemaking regarding the application of sex-related criteria to participation on athletic teams under Title IX....more

Baker Donelson

History and Future of the Nation's First Ban on Gender-Affirming Care

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Across the United States, there is a trend of state legislatures passing laws that restrict, or even outright prohibit, transgender minors from access to gender-affirming care, including puberty blockers, hormone therapy,...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, Issue 1, May 2024

Spilman Thomas & Battle, PLLC on

Welcome to our inaugural issue of The Health Record - our healthcare law insights e-newsletter! As such, we wanted to pull together our insights and pass them along to you. Our goal is to create a publication that is...more

Foley & Lardner LLP

Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

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“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

Bradley Arant Boult Cummings LLP on

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

Hall Benefits Law

Court Orders Claims Reprocessing After Finding TPA Illegally Excluded Gender-Affirming Care in Violation of ACA Section 1557

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A federal district court has awarded injunctive relief, including claims processing, after finding that an insurer acting as a third-party administrator (TPA) for a self-insured plan violated Section 1557 of the Affordable...more

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

Employers Pressed Over Health Plan Coverage of Transgender Treatments for Minors

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​​​​​​​Employers are facing increasing - and conflicting - pressures over health plan coverage of puberty-blocking medications used to treat some minors for gender dysphoria. Several states have restricted the use of...more

Constangy, Brooks, Smith & Prophete, LLP

Women’s professional sports leagues take different approaches to transgender inclusion

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The leagues are not necessarily of one mind. The participation of transgender and non-binary individuals in competitive sports is a controversial topic. Sports organizations at various levels have struggled to balance...more

Fox Rothschild LLP

Good Cause to Seal Name Change Applications for Transgender Litigants

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Prior to September 1, 2021, name change applications were required to be made public both upon request for inspection (Rules 1:2-1, 1:38-1) and by way of a publication requirement in a newspaper for two (2) weeks specifically...more

Morgan Lewis

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

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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

Jackson Lewis P.C.

School District Sanctioned For Failing To Preserve Evidence After Receiving EEOC Charge

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A Maryland federal district court’s decision underscores the need to preserve evidence once notified of a potential lawsuit and the significant consequences for not doing so. In Eller v. Prince George’s Cty. Pub. Sch.,...more

Morgan Lewis

Biden Administration Issues Order on Gender Identity and Sexual Orientation

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As one of his first actions in office, President Joe Biden has issued an executive order ensuring that last year’s US Supreme Court decision in Bostock v. Clayton County is applied immediately and efficiently by all federal...more

Nelson Mullins Riley & Scarborough LLP

EducationCounsel Supports Efforts to Protect Rights of Transgender Students Across the Country

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Through its long-standing engagement with GLSEN, a national nonprofit dedicated to promoting and supporting LGBTQ+ inclusive schools, EducationCounsel has authored numerous amicus briefs along with Willkie Farr & Gallagher...more

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