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Equal Employment Opportunity Commission (EEOC) Employment Discrimination Bostock v Clayton County Georgia

FordHarrison

Sixth Circuit Requires Proof of Intent for Employers to be Liable for Harassment by a Nonemployee

FordHarrison on

On August 8, 2025, in Bivens v. Zep, Inc., the United States Court of Appeals for the Sixth Circuit held that employer liability for nonemployee harassment requires proof of the employer’s intent, a departure from the...more

Offit Kurman

Sustaining LGBTQ+ Inclusivity: Legal and Workplace Strategies After Pride Month 2025

Offit Kurman on

Pride Month 2025, commemorating the 1969 Stonewall Riots, celebrates the LGBTQ+ community’s contributions, but inclusivity must extend beyond June to foster workplaces where everyone feels valued. Navigating the complex legal...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

McAfee & Taft

Court strikes down EEOC’s sexual orientation and gender identity guidelines

McAfee & Taft on

A federal court’s ruling last week striking down the Equal Employment Opportunity Commission’s guidelines on gender identity and sexual orientation harassment in the workplace got the attention of employers around the...more

Ballard Spahr LLP

Texas Judge Strikes EEOC Guidance Protecting Transgender Employees

Ballard Spahr LLP on

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

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

Constangy, Brooks, Smith & Prophete, LLP

Court scraps EEOC guidance on pronouns, restrooms, and dress

Don't expect the EEOC to appeal. In April 2024, the U.S. Equal Employment Opportunity Commission issued Enforcement Guidance on Harassment in the Workplace. The Enforcement Guidance addressed, among other things, harassment...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

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

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

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

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

Ervin Cohen & Jessup LLP

EEOC Issues Anticipated Final Guidance On Harassment Claims

The Equal Employment Opportunity Commission issued its long-awaited final guidance on harassment claims, which went into immediate effect....more

Foley & Lardner LLP

Nineteen States Sue To Enjoin New EEOC Harassment Guidance

Foley & Lardner LLP on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued the final version of its Enforcement Guidance on Harassment in the Workplace (the “Guidance”) by a 3-2 vote. The Guidance updates prior EEOC...more

Benesch

EEOC Issues New Workplace Harassment Guidance

Benesch on

For the first time in a quarter-century, the U.S. Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on workplace harassment. The April 29-guidance consolidates and supersedes several iterations of...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases Workplace Guidance to Prevent Harassment

Builds on Previous Work, Addresses Legal Developments and Emerging Issues, Including Virtual Work Environments - WASHINGTON – Today the U.S. Equal Employment Opportunity Commission (EEOC) published final guidance on...more

Laner Muchin, Ltd.

EEOC Proposes Workplace Harassment Guidance: What Employers Should Know

Laner Muchin, Ltd. on

The U.S. Equal Employment Opportunity Commission (EEOC) proposed new guidance for employers regarding updates to the law and modern examples of workplace harassment. The public is allowed to comment on the proposed guidance...more

Sheppard Mullin Richter & Hampton LLP

EEOC Issues Long-Awaited Guidance on Harassment in the Modern Workplace

On September 29, 2023, the U.S. Equal Employment Opportunity Commission issued long-awaited enforcement guidance on workplace harassment. The “Proposed Enforcement Guidance on Harassment in the Workplace,” published in the...more

Holland & Knight LLP

EEOC Issues Updated Workplace Harassment Guidance

Holland & Knight LLP on

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) on Sept. 29, 2023, proposed updated workplace harassment guidance reflecting notable changes in the law, including the U.S. Supreme Court's decision in...more

Fox Rothschild LLP

In New Workplace Harassment Guidance, EEOC Moves to Broaden Enforcement

Fox Rothschild LLP on

In new draft guidance, the U.S. Equal Employment Opportunity Commission proposes to recognize broad protections for LGBTQ+ employees in the workplace and allow bias claims premised on abortion-related decisions. It also...more

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

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more

Husch Blackwell LLP

Fifth Circuit Holds That Religious Employers May Be Entitled to Exemptions from Title VII's LGBTQ+ Requirements

Husch Blackwell LLP on

In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the United States Court of Appeals for the Fifth Circuit held that religious employers may be exempt from Title VII requirements concerning sexual...more

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