News & Analysis as of July 30, 2025

First Amendment › LGBTQ › Transgender

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Supreme Court October Term 2024 – Education Cases to Watch

Franczek P.C. on 2/6/2025

Some of us measure our year in weeks, months, or, for the readers of this article, likely by the school calendar. The Supreme Court, however, has its own measurement. The Court operates, hears cases, and issues rulings each...more

Biden’s 2024 Title IX Regulations Take a Blow - Federal District Court Rejects Re-Definition of “Sex” Under Title IX

Benesch on 1/14/2025

On January 9, 2025, a federal district court in Kentucky issued a decision that blocks the Biden administration’s attempt to change the definition of “sex” in Title IX regulations and enforcement....more

Making the Roster: Conflicting Title IX Interpretations Present Challenges for Transgendered Athlete Participation

Goulston & Storrs PC on 6/25/2021

Nationwide, college athletic programs are facing a dilemma: can they roster transgendered athletes on teams that conform with their gender identity? The answer is: it depends on where the team is located....more

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/8/2018

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Sixth Circuit Finds EEOC’s Enforcement Of Title VII Does Not Need To “Give Way” To Religious Freedom Restoration Act

Seyfarth Shaw LLP on 3/9/2018

Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong...more

The Sixth Circuit Sides With The EEOC’s Position On Scope Of Title VII Relative To Gender Identity

Seyfarth Shaw LLP on 3/9/2018

Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong...more

California’s Labor & Employment Changes for 2018: Part II - Court Cases Impacting Labor & Employment Law

Best Best & Krieger LLP on 2/21/2018

California courts and Legislature greatly expanded protections for public and private workers in 2017, passing laws and handing down decisions regarding wages, rest periods, harassment, workplace discrimination and free...more

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

Seyfarth Shaw LLP on 10/12/2017

Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

Employment Law Navigator – Week in Review: December 2016 #3

Zelle LLP on 12/20/2016

Last week, the EEOC issued a publication on the rights of job applicants and employees with mental health conditions, along with a companion document addressing the mental health provider’s role in reasonable accommodations...more

Religious Institutions Update: August 2016

Holland & Knight LLP on 8/19/2016

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

Employment Matters Newsletter, Fall 2015

JAMS on 10/28/2015

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These...more

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