News & Analysis as of

Sexual Orientation Discrimination LGBTQ Employment Discrimination

Fisher Phillips

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

Fisher Phillips on

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

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

Ballard Spahr LLP

Texas Judge Strikes EEOC Guidance Protecting Transgender Employees

Ballard Spahr LLP on

A federal judge in Texas issued a decision on May 15, 2025, striking down portions of the EEOC’s Enforcement Guidance on protections against employment discrimination based on gender identity and/or sexual orientation....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

Robinson+Cole Manufacturing Law Blog

EEOC Enforcement Activities Take Shape Under Second Trump Administration

The Equal Employment Opportunity Commission (EEOC) has been a regular topic of the flurry of executive orders issued by President Trump since his inauguration. Even before his return to the Oval Office, there was speculation...more

Seyfarth Shaw LLP

SCOTUS Argument Recap: Court Appears Likely to Eliminate Heightened Prima Facie Burden for Majority Group Plaintiffs Under Title...

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In a recent oral argument, the Justices seemed largely aligned with the plaintiff’s position that majority and historically disadvantaged groups should face the same prima facie test under Title VII....more

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

Supreme Court Expresses Skepticism Over Higher Burden in Majority Discrimination Cases

The Supreme Court of the United States recently heard oral arguments in a case to determine whether employees who are part of a majority group must meet a higher standard to prove discrimination....more

Davis Wright Tremaine LLP

New Administration Outlook: Guidance for Employers Amid the Attack on LGBTQ Workers

President Trump's orders targeting "woke gender ideology" do not change existing employment protections for LGBTQ employees, though threats to federal funding remain ambiguous. Title VII of the Civil Rights Act and many...more

Sheppard Mullin Richter & Hampton LLP

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

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

Foley & Lardner LLP

EEOC Retires Guidance Protecting LGBTQ Workers and Others From Discrimination, Continuing Rapid Remake of Federal Policy Through...

Foley & Lardner LLP on

As we have noted in recent days, upon returning to the Oval Office, the Trump Administration swiftly: Sent the message that it will pursue an agenda of aggressive enforcement related to immigration and preventing...more

Seyfarth Shaw LLP

EEOC Issues Annual Report, Faces Future in Flux

Seyfarth Shaw LLP on

On January 17, 2024, just days before the new presidential term began, the Equal Employment Opportunity Commission published its annual performance report for the preceding Fiscal Year 2024. The Report highlights a year...more

Fisher Phillips

What Does the White House’s Executive Order on Gender + New EEOC Acting Chair Mean for Employers? 5 Key Takeaways

Fisher Phillips on

A pair of back-to-back moves from the new Trump administration demonstrates a clear shift in the way the federal government will approach EEO and anti-bias laws over the course of the next several years. On his first day in...more

Ballard Spahr LLP

Final Guidance on Workplace Harassment Published by EEOC

Ballard Spahr LLP on

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued final guidance on workplace harassment subject to federal employment discrimination laws. Aptly titled, “Enforcement Guidance on Harassment in...more

Holland & Knight LLP

EEOC Issues Updated Workplace Harassment Guidance

Holland & Knight LLP on

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) on Sept. 29, 2023, proposed updated workplace harassment guidance reflecting notable changes in the law, including the U.S. Supreme Court's decision in...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

Bodman

Michigan Amends Civil Rights Act To Include LGBTQ Protections

Bodman on

On March 16, 2023, Michigan Governor Gretchen Whitmer signed a bill that expands the Elliott-Larsen Civil Rights Act (“ELCRA”) to include protections for LGBTQ individuals....more

Epstein Becker & Green

#WorkforceWednesday: EEOC's LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law - Employment...

Epstein Becker & Green on

This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance. Federal Judge Blocks EEOC's LGBTQ+ Guidance The Equal Employment Opportunity Commission’s June...more

Fisher Phillips

5 Employer Takeaways as EEOC Issues New Guidance on Sexual Orientation and Gender Identity Discrimination in the Workplace

Fisher Phillips on

The Equal Employment Opportunity Commission (EEOC) observed LGBTQ+ Pride Month and the one-year anniversary of the landmark Bostock v. Clayton County Supreme Court decision by announcing new resources to aid employers in...more

Fisher Phillips

The Top 20 Non-COVID Workplace Law Stories Of 2020

Fisher Phillips on

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

Akin Gump Strauss Hauer & Feld LLP

SCOTUS Wrapup and Preview 2020

In this episode, recorded on Sept. 14, Akin Gump Supreme Court and appellate practice co-head Pratik Shah returns to review the 2019 Supreme Court Term and preview the big cases and topics in the October 2020 Term. Among...more

Fisher Phillips

A Simplified View Of The Supreme Court’s 2019-2020 Workplace Law Term

Fisher Phillips on

Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more

Fisher Phillips

June 2020: The Top 21 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 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

Fox Rothschild LLP

Virginia: The Next State To Protect LGBTQ Employees From Discrimination?

Fox Rothschild LLP on

If you’re a regular reader of our blog, you probably know that the question of whether federal law prohibits employment discrimination against employees on the basis of their sexual orientation or gender identity remains...more

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