News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Employment Litigation Transgender

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

Ballard Spahr LLP

New (Old) Battlegrounds: The Administration’s Targeting of Transgender Rights

Ballard Spahr LLP on

Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals....more

Constangy, Brooks, Smith & Prophete, LLP

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

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Two Employers for Sex Discrimination

Federal Agency Charges That the Companies Discriminated Against Employees Because of Their Sexual Orientation and/or Gender Identity - MOBILE, Ala. and CHICAGO – Harmony Hospitality LLC, which operates a Home2 Suites by...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

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Laner Muchin, Ltd.

UPDATE: When Does a Requested Religious Accommodation Pose an Undue Hardship?

Laner Muchin, Ltd. on

In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the standards for balancing an employee’s religious accommodation request against the potential undue hardship that such a request may impose...more

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

Supreme Court Declines Review of Transgender Fire Chief’s Discrimination Case

On November 7. 2022, the Supreme Court of the United States declined to review a case by a Georgia fire chief alleging she was discharged for being transgender in violation of Title VII of the Civil Rights Act of 1964 and the...more

Benesch

Gender Dysphoria Protected by the ADA, Per Fourth Circuit

Benesch on

Recent case law continues to develop the scope of legal protections for transgender individuals. One month after a Texas court enjoined the Equal Employment Opportunity Commission (“EEOC”) from enforcing its 2021 guidance...more

Bradley Arant Boult Cummings LLP

EEOC Locks onto Bostock: New Guidance on Sexual Orientation and Other Gender Issues

You may recall our blog post last summer recapping the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia that held discrimination based on sexual orientation is prohibited by Title VII.  After that decision,...more

Sands Anderson PC

EEOC Issues New Guidance on Workplace Transgender Policies

Sands Anderson PC on

The Equal Employment Opportunity Commission (EEOC) recently issued new Guidance directed to employers addressing restroom policies and the use of employee preferred pronouns. Although this technical assistance guidance does...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC Settles "Transgender Funeral Director" Case

I have written many, many, many, many times about the transgender funeral director who was terminated from her job after she told the owner that she would begin presenting as a female. The Equal Employment Opportunity...more

Fisher Phillips

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

Fisher Phillips on

You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

Seyfarth Shaw LLP on

Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....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

Ward and Smith, P.A.

Can an Employee be Fired for being Gay or Transgender?

Ward and Smith, P.A. on

HR Professionals will soon know the answer to this question. The United States Supreme Court is preparing to settle a contentious debate on employee protections under federal employment discrimination laws. On October...more

Husch Blackwell LLP

As Eighth Circuit Deliberates Title VII And Sexual Orientation, SCOTUS Weighs In

Husch Blackwell LLP on

On Wednesday, April 17, a three-judge panel of the Eighth Circuit heard oral arguments in an appeal from the United States District Court for the Eastern District of Missouri in Horton v. Midwest Geriatric Management LLC....more

Butler Snow LLP

Fifth Circuit Court of Appeals Reaffirms that Title VII Does Not Prohibit Discrimination Based on Sexual Orientation

Butler Snow LLP on

Like most jurisdictions, the Fifth Circuit Court of Appeals (which oversees federal courts in Mississippi, Louisiana, and Texas) has construed Title VII of the Civil Rights Act of 1964 so as not to provide employment...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

Fisher Phillips on

It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...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

Blank Rome LLP

Transitioning on Title VII

Blank Rome LLP on

Sixth Circuit Becomes First Federal Appellate Court to Confirm Title VII Protections for Transgender and Transitioning Individuals in the Workplace - Why It Matters - "Does Title VII of the Civil Rights Act of 1964...more

Constangy, Brooks, Smith & Prophete, LLP

DOJ v. EEOC On LGBT: Game On?

Nah. They'll just agree to disagree. Wednesday was the deadline for the U.S. Department of Justice to respond to the petition for certiorari that was filed by R.G. & G.R. Harris Funeral Homes in the big transgender...more

Troutman Pepper Locke

Second Circuit Reverses Course and Rules That Title VII Prohibits Sexual Orientation Discrimination

Troutman Pepper Locke on

In an en banc decision, the U.S. Court of Appeals for the Second Circuit decided on February 26 that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination on the basis of sexual orientation. Zarda v....more

Foley & Lardner LLP

Sixth Circuit Confirms Title VII Protection for Transgender Status and Rejects Religious Belief Defense

Foley & Lardner LLP on

Earlier this month, we discussed the Second Circuit Court of Appeals’ decision concluding that Title VII prohibits discrimination on the basis of sexual orientation. Days later, the Sixth Circuit Court of Appeals (covering...more

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