News & Analysis as of

Sex Discrimination Gender Identity

Rivkin Radler LLP

DOJ Statement of Interest Filed Prohibiting Dysphoria Medical Coverage

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The U.S. Department of Justice recently issued a press release concerning a Statement of Interest that shields small businesses from being forced to provide medical coverage for gender dysphoria. In Bernier v. Turbocam et...more

BCLP

No Place At The (Pool) Table For Trans Women - Haynes v The English Blackball Pool Federation

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We report this week on one of the first court decisions dealing with transgender issues since the publication of the Supreme Court’s ruling in For Women Scotland v Scottish Ministers (FWS). ...more

Montgomery McCracken

Update on Title IX Enforcement – OCR Is Moving Beyond Sports

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If you haven’t read the recent press releases from the Department of Education reflecting their summer enforcement focus around Title IX, below we’ll dive into what happened this month. Penn’s agreement with the Office for...more

Venable LLP

Title IX and Transgender Athletes: Penn's Landmark Settlement and the Legal Implications

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In early July, the University of Pennsylvania said it had reached a settlement with the U.S. Department of Education, resolving a federal investigation into Title IX violations based on transgender athlete participation in...more

Fisher Phillips

SCOTUS to Determine Whether States Can Ban Transgender Athletes From Women’s Sports – What Your School Needs to Know

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The Supreme Court will soon decide whether states can ban transgender high school and college athletes from participating on female sports teams at their schools. After initially declining to review this issue in 2023 and...more

Montgomery McCracken

Supreme Court to Decide Legality of Trans-Athlete Bans

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As the Supreme Court Prepares to Decide the Legality of Trans-Athlete Bans, Schools Must Ready Themselves for Far-Reaching Precedent Addressing “On the Basis of Sex” On July 3, 2025, the Supreme Court granted certiorari in...more

Epstein Becker & Green

Latest Moves by Federal Agencies Regarding Gender-Affirming Care: Risks Mount for Providers

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Since day one, a policy priority of the Administration has been to discourage and prevent gender-affirming care for children and adolescents that involves surgery or medication....more

Fisher Phillips

In the Crosshairs: Untangling the Legal Landscape on LGBTQ+ Workplace Rights Under Title VII

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The EEOC recently updated its workplace harassment enforcement guidance to reflect a Texas federal court ruling that found the Biden-era EEOC had overstepped its authority by requiring bathroom, dress, and pronoun...more

Morgan Lewis

On the Basis of Sex: HHS Rescinds Prior Section 1557 Guidance Interpreting Sex-Based Discrimination

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The US Department of Health and Human Services (HHS) has rescinded several pieces of informal guidance, including its 2021 interpretation of Section 1557 of the Affordable Care Act (Section 1557), in response to executive...more

Seyfarth Shaw LLP

Supreme Court Upholds Tennessee Transgender Care Ban

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In a widely awaited for decision, the Supreme Court in a 6-3 opinion authored by Justice Roberts held that a Tennessee law which prohibits certain medical treatments (puberty blockers and hormones) for transgender minors,...more

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

Supreme Court Upholds Tennessee Law Prohibiting Gender-Affirming Care for Children

On June 18, 2025, the Supreme Court of the United States ruled that a Tennessee law banning gender-affirming care for minors does not classify on the basis of sex in ways that would require heightened scrutiny under the Equal...more

Epstein Becker & Green

Supreme Court Upholds Tennessee’s Ban on Gender-Affirming Care

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On June 18, 2025, in the case of United States v. Skrmetti, the U.S. Supreme Court upheld Tennessee’s ban on gender-affirming care—concluding that the law does not violate the Equal Protection Clause of the Fourteenth...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

Husch Blackwell LLP

Missouri Supreme Court Defines "Sex" in MHRA Public Accommodation Case: Potential Implications for Employers

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Last week, the Missouri Supreme Court firmly held that “sex” refers only to “one’s biological classification as male or female” under the provision of the Missouri Human Rights Act (MHRA) prohibiting discrimination in public...more

Constangy, Brooks, Smith & Prophete, LLP

Dads-in-the-21st-century workplace quiz!

Happy Father's Day weekend, y'all! How much do you know about dads in the workplace in our modern era? Take our quiz and find out! Since today is Friday the 13th, I’m going to make this quiz a hard one. But, as always, the...more

Robinson Bradshaw

EEOC Guidance Partially Vacated: What’s an Employer to Do?

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Savvy employers read and implemented the Equal Employment Opportunity Commission’s 2024 Enforcement Guidance on Harassment in the Workplace. Now, portions of that Guidance relating to LGBTQ+ employee rights are defunct....more

Constangy, Brooks, Smith & Prophete, LLP

The feds may be backing down on LGBTQ protections, but should employers?

Don't overreact. (Or underreact.) This June, as corporations continue to roll back public support and funding for diversity, equity, and inclusion initiatives, it is important for employers to be familiar with the current...more

Bond Schoeneck & King PLLC

Reporting Reminder: EEO-1 Filing Deadline is June 24, 2025

The U.S. Equal Employment Opportunity Commission (EEOC) opened its EEO-1 filing platform on May 20, 2025. The deadline for employers to file their EEO-1 reports will be Tuesday, June 24, 2025....more

Foley & Lardner LLP

Pride and Prejudice: Federal Court in Texas Vacates Portions of the EEOC’s Workplace Guidance Protecting LGBTQ+ Employees

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On May 15, 2025, the U.S. District Court for the Northern District of Texas issued a significant ruling in State of Texas v. Equal Employment Opportunity Commission (No. 2:24-cv-00173), declaring that the EEOC’s 2024 Guidance...more

FordHarrison

Texas Federal Court Vacates Portions of EEOC's 2024 Title VII Guidance on Gender Identity

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The U.S. District Court for the Northern District of Texas recently issued a ruling vacating the “gender-identity related portions” of the Equal Employment Opportunity Commission’s (EEOC’s) 2024 Guidance interpreting Title...more

Maynard Nexsen

Title VII: What Constitutes Discrimination on the Basis of Sex?

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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

Ballard Spahr LLP

EEOC Eliminates Option to Include Nonbinary Employees in EEO-1 Reports on Workforce Demographic Data

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The 2024 EEO-1 Component 1 data collection window opened on May 20, 2025, and the deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. Filers should note that the collection window is shorter this year, and...more

Jackson Lewis P.C.

Federal Court Vacated Gender Identity Portions of EEOC Harassment Guidance: Employer Uncertainty Remains

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A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more

Parker Poe Adams & Bernstein LLP

Federal District Court Vacates EEOC Guidance on LGBTQ+ Discrimination

Last week, a federal district court in Texas granted summary judgment to the State of Texas in a lawsuit challenging portions of the Equal Employment Opportunity Commission’s workplace harassment guidance dealing with...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

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