News & Analysis as of August 15, 2025

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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 -

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

Fisher Phillips on 7/2/2025

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

Federal Judge Scraps Biden EEOC’s Gender Identity Guidance: Here’s What It Means for the Workplace

Fisher Phillips on 5/19/2025

A federal judge in Texas just ruled that the Equal Employment Opportunity Commission (EEOC) exceeded its authority by issuing enforcement guidance requiring bathroom, dress, and pronoun accommodations. In Thursday’s order...more

Unanswered Questions in Light of Supreme Court’s Title VII Ruling

Polsinelli on 7/4/2020

In Bostock v. Clayton County, Georgia, the United States Supreme Court held that “an employer who fires an individual merely for being gay or transgender violates Title VII.” With its decision, however, the Supreme Court...more

Does Title VII Protect Gay & Transgender Employees? The Supreme Court May Soon Decide.

Orrick - Employment Law and Litigation on 11/26/2018

As early as November 30, 2018, the U.S. Supreme Court will decide whether to hear three high profile employment cases that question whether Title VII’s ban on sex discrimination protects gay and transgender employees. ...more

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

Franczek P.C. on 10/4/2017

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez

Cozen O'Connor on 7/20/2017

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode presents the first of two parts of a timely and...more

Uncertainty Surrounding Gender Identity and Sexual Orientation Discrimination and Steps Employers Should Take

Conn Maciel Carey LLP on 3/28/2017

In the current legal landscape, the scope of laws prohibiting sex discrimination remains uncertain, especially because the Supreme Court has yet to take up the issue as it relates to LGBT rights. Most recently, the high...more

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

Seyfarth Shaw LLP on 3/9/2017

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on 11/10/2016

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Takeaways from the EEOC’s Loss of Noteworthy Transgender Rights Case

Akerman LLP - HR Defense on 9/21/2016

Since the EEOC first ruled in 2012 that discrimination based on transgender status constitutes sex discrimination in violation of Title VII, the EEOC has continued to expand protections for transgender employees, finding that...more

Is There a Change in the Wind for LGBTQ Law?

Kelley Drye & Warren LLP on 9/12/2016

Unlike many of us, the courts were not on vacation during the month of August in the area of LGBTQ law. We have seen a number of rulings which seem to signal that the courts are trying to “slow down” the EEOC and other...more

Updating Your Employee Handbook for 2016

Troutman Pepper Locke on 6/20/2016

Employee handbooks are an important way for employers to communicate rules, expectations and benefits to employees. They also can serve as a way for the company to establish its brand and convey its history and corporate...more

EEOC Posts Fact Sheets On LGBT Discrimination, Transgender Issues

Constangy, Brooks, Smith & Prophete, LLP on 5/4/2016

The Equal Employment Opportunity Commission has published a new Fact Sheet on LGBT discrimination that employers will find helpful. As I’ve reported before here and here, the agency is taking an aggressive position regarding...more

A Culture of Inclusion: Transgender-Friendly Workplaces on the Rise

NAVEX on 2/11/2016

American Airlines, The Coca-Cola Co., Humana, Macy’s and Ford. All among the best-known brands in the world, each a stalwart of American business. All of them are among the most transgender-inclusive companies in the country...more

EEOC Finds Sexual Orientation Discrimination Prohibited by Title VII

Franczek P.C. on 8/4/2015

In a landmark ruling, the Equal Employment Opportunity Commission (EEOC) held that an employee alleging discrimination based on sexual orientation states a viable claim under Title VII of the Civil Rights Act of 1964. The...more

EEOC Issues Overview on LGBT Rights Under Title VII

Parker Poe Adams & Bernstein LLP on 8/3/2015

As reported in EmployNews, over the past year the Equal Employment Opportunity Commission has aggressively shifted its position on the extent of coverage of LGBT workers under Title VII. In federal employee cases where the...more

New Developments in Protections for LGBT Workers

Kelley Drye & Warren LLP on 7/27/2015

It’s been a busy few weeks for developments in the area of LGBT rights since the Supreme Court’s decision in King v. Burwell , 576 U.S. ___ (2015)....more

EEOC Rules Discrimination Based on Employee's Sexual Orientation Is Sex Discrimination Under Title VII

Littler on 7/20/2015

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued a potentially groundbreaking decision finding that discrimination based on "sexual orientation" can be brought under Title VII of the Civil...more

Same-Sex Marriage and Employment Discrimination: The Future of Sexual Orientation Bias Claims

Baker Donelson on 7/15/2015

On June 26, 2015, the Supreme Court of the United States legalized same-sex marriage throughout the country. In Oberfell v. Hodges, the Court held that Section 1 of the Fourteenth Amendment – commonly referred to as the Equal...more

Five EEOC Initiatives to Monitor on the Agency’s Silver Anniversary

Epstein Becker & Green on 6/23/2015

The U.S. Equal Employment Opportunity Commission (“EEOC”) opened its doors on July 2, 1965, exactly one year after President Lyndon B. Johnson signed the Civil Rights Act of 1964. Title VII of that act (“Title VII”) prohibits...more

The Transformation of Transgender Rights in the Workplace

Lewitt Hackman on 6/8/2015

Gender transition and transgender identity has taken center stage in the media recently. However, out of the spotlight, the rights of transgender persons may be unclear to many. Transgender persons struggle with difficult...more

Same-Sex Marriage Bans As Sex Discrimination: The potential impact on plan sponsors

Seyfarth Shaw LLP on 5/7/2015

In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question: Counsel, I’m, I’m not sure it’s necessary to get into sexual orientation to resolve...more

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