News & Analysis as of

Title VII Bostock v Clayton County Georgia

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Offit Kurman

Sustaining LGBTQ+ Inclusivity: Legal and Workplace Strategies After Pride Month 2025

Offit Kurman on

Pride Month 2025, commemorating the 1969 Stonewall Riots, celebrates the LGBTQ+ community’s contributions, but inclusivity must extend beyond June to foster workplaces where everyone feels valued. Navigating the complex legal...more

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

Supreme Court Decision Legalizing Same-Sex Marriage Hits 10-Year Anniversary

Ten years have passed since the Supreme Court of the United States granted all same-sex couples the right to marry and have their marriages recognized nationwide. ...more

Seyfarth Shaw LLP

Supreme Court Upholds Tennessee Transgender Care Ban

Seyfarth Shaw LLP on

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

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

Fisher Phillips

Pop Quiz: How Much Do You Know About Pride Month and LGBTQ+ Rights in the Workplace?

Fisher Phillips on

Pride Month provides an opportunity for you to recognize the resilience of the LGBTQ+ community at your workplace amid an evolving and often challenging legal and political landscape. Now more than ever, this year’s Pride...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

Maynard Nexsen

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

Maynard Nexsen on

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

McAfee & Taft

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

McAfee & Taft on

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

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

Dorsey & Whitney LLP

EEOC Guidance on Transgender Workers in Flux in Wake of District Court Opinion, While EEOC Continues to Lack Quorum

Dorsey & Whitney LLP on

On May 15, 2025, a District Court struck portions of the Equal Employment Opportunity Commission’s (“EEOC”) 2024 guidance pertaining to sexual orientation and gender identity under Title VII....more

ArentFox Schiff

Federal Court Strikes Down Key Portions of EEOC Harassment Guidance

ArentFox Schiff on

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

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

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

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

Utah, West Virginia, and Wyoming Enact Laws Defining Male and Female

Utah, West Virginia, and Wyoming recently passed laws aligning with recent executive orders issued by President Donald Trump defining sex as binary and immutable....more

Holland & Knight LLP

The Gender Agenda: Sexual Orientation and Gender Identity in the Trump Administration

Holland & Knight LLP on

On his first day in office, Jan. 20, 2025, President Donald Trump issued an executive order (EO), "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," that is reshaping...more

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

Iowa Governor Signs Law Making State the First to Remove Gender Identity Protections From Civil Rights Code

On February 28, 2025, Iowa Governor Kim Reynolds signed legislation making the state the first to remove antidiscrimination protections for gender identity from its civil rights code....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

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

Best Best & Krieger LLP

Presidential Executive Orders and The Workplace

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

McAfee & Taft

Trump redefines ‘sex’ in executive order

McAfee & Taft on

Within hours of taking office for a second term, President Trump issued a flurry of executive orders and actions on topics ranging from immigration and climate change to revoking DEI mandates. While many of these actions are...more

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 1 of Trump 2

Whoa, Nelly! It's a stampede! After President Trump took office on Monday, he lost no time in undoing as much as he could from not only the Biden Administration, but also going all the way back to the days of President...more

Proskauer - Law and the Workplace

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

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

Ervin Cohen & Jessup LLP

EEOC Issues Anticipated Final Guidance On Harassment Claims

The Equal Employment Opportunity Commission issued its long-awaited final guidance on harassment claims, which went into immediate effect....more

Constangy, Brooks, Smith & Prophete, LLP

ACLU, others back EEOC in challenge to Enforcement Guidance on harassment

The bathroom battle (among others) continues. The State of Texas and the Heritage Foundation, on behalf of employers, have challenged the EEOC's recent Enforcement Guidance on Harassment in the Workplace. The lawsuit alleges...more

Snell & Wilmer

2024 End-of-Year Plan Sponsor “To Do” List (Part 1) Health and Welfare

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We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. This Part 1 covers year-end health and welfare plan issues. Parts 2,...more

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