News & Analysis as of

Harassment LGBTQ Gender Identity

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

FordHarrison

How Will the President's Executive Order on "Gender Ideology" Impact Employers?

FordHarrison on

Real World Impact: President Trump’s recent Executive Order targeting “Gender Ideology” will likely result in a change in the Equal Employment Opportunity Commission’s (EEOC’s) focus in harassment and discrimination...more

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

EEOC Acting Chair Rolls Back Guidance Related to Unlawful Discrimination and Harassment Based on Gender Identity

On January 28, 2025, U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea R. Lucas rolled back much of the EEOC’s Biden-era guidance related to issues of gender identity discrimination and harassment...more

Franczek P.C.

President Trump Signs Executive Order Requiring Sex-Based Classifications

Franczek P.C. on

On January 20, 2025, one of President Trump’s first actions as the president of the United States was signing an Executive Order proclaiming that the U.S. government only recognizes two sexes: male and female. The order goes...more

Kohrman Jackson & Krantz LLP

Title IX Protections for LGBTQ+ Students: Legal and Mental Health Benefits

Title IX is a powerful federal law that protects students from sex-based discrimination and sexual harassment. If a school does not promptly investigate reports of sex discrimination or harassment, it can lose federal...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

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

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

Jackson Lewis P.C.

Gender Identity Protections: Transgender Harassment, Reverse Discrimination Cases Allowed by Courts

Jackson Lewis P.C. on

Two cases show that courts consider alleged harassment or discrimination based on transgender or cisgender status to be colorable under Title VII of the Civil Rights Act. Vacating summary judgment for the employer, a federal...more

Bracewell LLP

EEOC Finalizes Long-Awaited Workplace Harassment Enforcement Guidance

Bracewell LLP on

The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we...more

Fox Rothschild LLP

Title IX Amendments: What School Administrators Need to Know Now

Fox Rothschild LLP on

The U.S. Department of Education has released long-awaited amendments to the Title IX regulations that will take effect Aug. 1, 2024. The amended regulations, released April 19, significantly broaden the protections of Title...more

McAfee & Taft

When religion and DEI training collide

McAfee & Taft on

Since the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which clarified that Title VII’s protections against discrimination “based on … sex” included sexual orientation and gender identity, an increasing area of...more

Foley & Lardner LLP

EEOC Issues Proposed Enforcement Guidance on Harassment and Addresses LGBTQ and Racial Employment Issues

Foley & Lardner LLP on

Sexual orientation, gender identity, and race continue to be widely discussed and politicized throughout the U.S. Issues related to these protected categories also continue to arise in the workplace. The EEOC recently issued...more

Akerman LLP - HR Defense

LGBTQ+ Protections, Virtual Harassment, and Social Media Posts: The EEOC Updates Its Harassment Guidance for the 21st Century

The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled “Proposed Enforcement Guidance on Harassment in the Workplace.” The proposed guidance sets...more

Foley & Lardner LLP

Michigan Extends Employment Law Protections to Prohibit Discrimination Based on Sexual Orientation and Gender Identity

Foley & Lardner LLP on

Although many company equal employment opportunity and no-harassment policies prohibit discrimination or harassment based on sexual orientation and gender identity, not all applicable state civil rights laws provide such...more

Jackson Lewis P.C.

Gender Dysphoria is Not Excluded from Coverage under ADA, Fourth Circuit Rules

Jackson Lewis P.C. on

Gender dysphoria is not excluded from the broad definition of “disability” protected under the Americans with Disabilities Act (ADA), a divided panel of the U.S. Court of Appeals for the Fourth Circuit has held....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

Proskauer - Proskauer For Good

Advocating for Transgender, Intersex, and Gender Nonconforming People’s Equal Access to Homeless Shelters

Nearly one-third of transgender individuals experience homelessness at some point in their life, and 70% of those who have stayed in a homeless shelter have reported some form of mistreatment, including harassment and refusal...more

Harris Beach Murtha PLLC

Exploring the Origins of Pride Month and Taking Stock of LGBTQ+ Rights

Across the country each June, communities come together to celebrate Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. This month of events honors the 1969 Stonewall Uprising in Manhattan while also...more

Seyfarth Shaw LLP

The Uncertain Landscape of Discrimination & Harassment Laws: Expanding the Definition of “Protected Class”

Seyfarth Shaw LLP on

Seyfarth Synopsis: Laws protecting individuals from discrimination and harassment in the workplace are expanding rapidly at the state and local levels, while the federal landscape remains unclear regarding LGBTQ rights. ...more

Hogan Lovells

What New York Employers Should Know Regarding the Rights of Transgender Employees

Hogan Lovells on

About 1.4 million Americans recognize themselves – surgically or otherwise – as a gender other than the one they were born into....more

Hogan Lovells

New York State Sexual Harassment Model Policy and Training Requirements Finalized: Employers Get a Welcome Extension to Implement

Hogan Lovells on

Earlier this week, the New York Governor’s office finalized materials for New York State employers to implement sexual harassment policies and training.  While draft guidance was circulated to the public in August 2018, the...more

Sheppard Mullin Richter & Hampton LLP

California Governor Approves Three More Employment Laws: “Ban The Box”; Expansion of Sexual Harassment Training; and Contractors...

The deadline for California Governor Jerry Brown to sign new bills into law officially expired October 15, 2017. In addition to signing five bills last week, the Governor signed three more employment-related bills into law...more

Cozen O'Connor

Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez

Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode presents the first of two parts of a timely and...more

Fisher Phillips

Web Exclusive: The Changing Face Of Discrimination

Fisher Phillips on

As all hospitality employers know, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of “sex.” However, the statute does not specifically mention sexual orientation or gender identity. What does...more

Bowditch & Dewey

Eleventh Circuit Court of Appeals Decision Lends Further Confusion to Title VII Protections

Bowditch & Dewey on

In a rather disconnected decision on March 10, the United States Court of Appeals for the 11th Circuit ruled, in the case of Evans v. Georgia Regional Hospital, that while Title VII bars an employer from discriminating...more

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