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Supreme Court of the United States › Employment Discrimination › Gender Identity

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Constangy, Brooks, Smith & Prophete, LLP

Christian teacher gets jury trial in name, pronoun case

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Divine intervention? John Kluge, a high school orchestra teacher in the Indianapolis area, was let go in 2018 after he refused to address transgender students by their preferred names and pronouns. Mr. Kluge, a Christian...more

Epstein Becker & Green

Beyond the Ban: Employer Considerations after SCOTUS’s Gender Care Ruling

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On June 18, 2025, in the case of United States v. Skrmetti, the Supreme Court of the United States (SCOTUS) upheld Tennessee’s ban on gender-affirming care for minors, concluding that the law (titled Prohibition on Medical...more

McAfee & Taft

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

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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

ArentFox Schiff

Federal Court Strikes Down Key Portions of EEOC Harassment Guidance

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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

Ballard Spahr LLP

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

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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

Holland & Knight LLP

Executive Order: Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government

Holland & Knight LLP on

Date Issued: Jan. 20, 2025 This executive order directs federal agencies and federal employees to interpret "sex" solely as an immutable binary biological classification determined at conception. The order also requires...more

Offit Kurman

Defending Women from Gender Ideology an Individual’s Sex Is Not a Simple Matter

Offit Kurman on

On January 20, 2025, President Donald Trump issued the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive mandates that all federal...more

Sheppard Mullin Richter & Hampton LLP

Analyzing President Trump’s “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal...

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On January 20, 2025, President Trump issued an Executive Order titled, “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” (the “EO”). The EO declares that “[i]t is the...more

Best Best & Krieger LLP

Presidential Executive Orders and The Workplace

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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

Butler Snow LLP

Trump and DEI: What Does a Second Term Mean for Employers?

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In the flurry of executive orders issued shortly after being sworn for a second term, President Donald Trump issued two executive orders and one presidential action dismantling all diversity, equity, and inclusion (DEI)...more

Proskauer - Law and the Workplace

President Trump’s Executive Order on Recognizing Two Sexes: Implications for Private Employers

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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

Foley & Lardner LLP

President Trump’s “Rescission” Executive Order

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Among the executive orders issued by President Trump on January 20, 2025, was one titled Initial Rescissions of Harmful Executive Orders and Actions (the “Order”). The Order’s stated purpose is to retract what it describes...more

Foley & Lardner LLP

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

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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

Fisher Phillips

The Top 20 Non-COVID Workplace Law Stories Of 2020

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That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more

BakerHostetler

2020 Supreme Court Update

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The U.S. Supreme Court’s October term started earlier this month, and promises to be an unprecedented session. How is the Court responding to the pandemic and adapting to a virtual environment? Which cases should you be...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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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

Cole Schotz

Supreme Court Holds That Employers Cannot Discriminate Against Employees On The Basis Of Sexual Orientation Or Gender Identity

Cole Schotz on

On June 15, 2020, in a 6-3 decision, the United States Supreme Court made clear that employers may not discriminate against employees on the basis of sexual orientation or gender identity. Specifically, the Court held that...more

Spilman Thomas & Battle, PLLC

Supreme Court Will Render Landmark Decisions Regarding LGBTQ Protection Under Title VII

Spilman Thomas & Battle, PLLC on

This fall, the U.S. Supreme Court heard three employment cases that collectively ask: Does Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination “because of…sex,” encompass discrimination based...more

Seyfarth Shaw LLP

Supreme Court Hears Landmark Cases On Title VII Sexual Orientation and Gender Identity Discrimination

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Seyfarth Synopsis: On October 8th, the Supreme Court heard oral argument in a trio of cases that may decide whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. In much of the...more

Fisher Phillips

Pendulum To Swing Back As SCOTUS Prepares For Exciting 2019-2020 Term

Fisher Phillips on

Taking a three-year look back at the Supreme Court’s workplace law decisions gives you the sense that the exciting cases only come down every other year. In the ho-hum term that ended in 2017, the Court handled relatively...more

Harris Beach Murtha PLLC

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

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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

Butler Snow LLP

U.S. Supreme Court Will Consider Whether LGBT Employees are Protected from Discrimination by Federal Civil Rights Laws

Butler Snow LLP on

The U.S. Supreme Court’s next term will likely have a significant impact on employers. On April 22, 2019, the Court announced that it is taking up the hot-button issue of whether federal laws that ban discrimination in...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS To Rule On Whether Title VII Prohibits Sexual Orientation And Gender Identity Discrimination

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On April 22, 2019, the United States Supreme Court granted certiorari in a trio of cases challenging the scope of Title VII of the Civil Rights Act of 1964’s (“Title VII”) prohibition on discrimination on the basis of sex....more

Proskauer - Law and the Workplace

[Podcast]: The Employment Law Landscape in 2019

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In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as...more

Akerman LLP

Episode 25: EEOC Commissioner Chai Feldblum Part II: Other Emerging EEOC Trends + Takeaways

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Matt Steinberg welcomes EEOC Commissioner Chai Feldblum for the second half of their wide-ranging conversation where Matt and Commissioner Feldblum discuss federal protection of employment-related LGBT rights, how the DOJ’s...more

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