News & Analysis as of

Sexual Orientation Discrimination Department of Justice (DOJ) Title VII

Seward & Kissel LLP

U.S. Supreme Court rejects heightened “background circumstances” burden for Title VII plaintiffs in majority groups

Seward & Kissel LLP on

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that courts may not impose a heightened evidentiary standard on majority-group plaintiffs alleging...more

Paul Hastings LLP

Supreme Court Rejects ‘Background Circumstances’ Rule for Title VII Claims Brought by Members of Majority Groups

Paul Hastings LLP on

On June 5, the Supreme Court decided Ames v. Ohio Department of Youth Services, holding unanimously that members of majority groups suing their employers under Title VII of the Civil Rights Act of 1964 (Title VII) are not...more

Maynard Nexsen

SCOTUS to Review the “Background Circumstances” Heightened Pleading Standard in Reverse Discrimination Cases

Maynard Nexsen on

On October 4, 2024, the Supreme Court of the United States granted a writ of certiorari,[1] agreeing to hear arguments in Ames v. Ohio Department of Youth Services, a Sixth Circuit case that seeks to determine whether the...more

Rumberger | Kirk

What Rights Do LGBTQ Employees Have At Workplace?

Rumberger | Kirk on

Last year has seen big changes in the workplace for LGBTQ employees. First, there was the United States Supreme Court’s decision in Bostock v. Clayton County, which interpreted Title VII as protecting gay and transgender...more

Spilman Thomas & Battle, PLLC

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

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

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

Beltway Buzz - August 2019 #4

EEO-1 on Appeal. Earlier this week, the U.S. Department of Justice (DOJ) filed its appeal of the March 4, 2019, district court decision that reinstituted the 2016 EEO-1 wage and hour reporting scheme. The DOJ argued to the...more

Harris Beach Murtha PLLC

Supreme Court to Address Scope of Protections for LGBT Workers Under Title VII

On April 22, 2019, the Supreme Court announced that it would take up three cases that address the scope of “sex discrimination” under Title VII. Supreme Court review seemed inevitable given the growing divide regarding how...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: SCOTUS: Looking Back and Looking Forward

In this episode, Akin Gump Supreme Court and appellate practice co-head Pratik Shah discusses the big cases from the preceding U.S. Supreme Court Term and looks ahead at interesting cases in the new Term. Among the topics...more

Baker Donelson

Trump's DOJ Says Gender-Identity Discrimination Not Prohibited by Title VII

Baker Donelson on

For some time now, we have been covering the debate within the federal court system over whether Title VII of the Civil Rights Act prohibits discrimination based on sexual orientation and gender identity....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

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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Fisher Phillips

Web Exclusive: February 2018: The Top 15 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 were an unprecedented number of changes all through 2017. And if the first two months...more

Miles & Stockbridge P.C.

Second Circuit Joins Seventh Circuit, EEOC in Holding that Anti-Gay Discrimination is Sex Discrimination

With its en banc decision on February 26, 2018 in Melissa Zarda v. Altitude Express, Inc., No. 15-3775 (2d Cir. Feb. 26, 2018), the Second Circuit Court of Appeals became the second federal appeals court to hold that sexual...more

Conn Maciel Carey LLP

Second Circuit Rules Title VII Bars Sexual Orientation Discrimination

Conn Maciel Carey LLP on

Although the Supreme Court has not taken up the issue and the status of sexual orientation discrimination remains uncertain, another Circuit Court of Appeals has now affirmatively ruled on the issue. In a 10-3 en banc...more

Mintz - Employment Viewpoints

Second Circuit Becomes the Second to Prohibit Sexual Orientation Discrimination

On Monday February 26, 2018, for the second time in less than a year, a federal appeals court ruled that Title VII forbids sexual orientation discrimination because it is a form of sex discrimination. This time, in Zarda v....more

Akerman LLP - HR Defense

Another Circuit Says Title VII Prohibits Sexual Orientation Discrimination

A second federal appellate court has ruled that Title VII of the Civil Rights Act prohibits employers from discriminating against employees based on their sexual orientation. The ruling is in line with the EEOC’s...more

Franczek P.C.

Second Circuit Court Finds Sexual Orientation Protected Under Title VII

Franczek P.C. on

On Monday, the U.S. Court of Appeals for the Second Circuit (which covers Connecticut, New York, and Vermont), became the second federal appellate court to explicitly hold that federal law prohibits employment discrimination...more

Hogan Lovells

Second Circuit Holds That Title VII Prohibits Sexual Orientation Discrimination

Hogan Lovells on

On February 26, 2018, in a landmark decision continuing the expansion of Title VII’s protection, the Second Circuit Court of Appeals became the second federal appeals court to hold that Title VII prohibits discrimination on...more

Seyfarth Shaw LLP

TITLE VII: Court Breaks from Department of Justice on Transgender Rights

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western...more

Franczek P.C.

U.S. Department of Justice Rescinds Policy Protecting Transgender Employees

Franczek P.C. on

On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant...more

Seyfarth Shaw LLP

Ongoing Debate Over Scope Of Workplace Bias Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 5, 2017, U.S. Attorney General Jeff Sessions issued an agency memorandum stating that the language contained in Title VII of the Civil Rights Act of 1964, “does not prohibit discrimination based...more

Blank Rome LLP

DOJ Reverses Course—Title VII Does Not Cover Gender Identity

Blank Rome LLP on

On October 5, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s (“DOJ”) stance that gender identity is protected as part of the prohibition against “sex” discrimination in Title VII of the Civil Rights...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Akerman LLP - HR Defense

Gender Identity Discrimination – Prohibited or Not?

Akerman LLP - HR Defense on

Still confused as to where the Trump administration stands on whether Title VII prohibits discrimination based on gender identity? Attorney General Jeff Sessions’ recent announcement should clarify that for you. So what’s an...more

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