News & Analysis as of

Title VII › Sexual Orientation Discrimination › Title IX

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 -
Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Parker Poe Adams & Bernstein LLP

Pressing Pause: Explanations and Next Steps for Title IX Administrators Following Preliminary Injunctions

Parker Poe Adams & Bernstein LLP on

In the past week, two U.S. District Court judges have issued preliminary injunctions halting implementation of the recently-released 2024 Title IX final rule....more

Kohrman Jackson & Krantz LLP

CLIENT ALERT: Biden Administration Releases Long-Awaited Title IX Regulations

Kohrman Jackson & Krantz LLP on

On April 19, 2024, the Biden Administration released its long-awaited overhaul of the Title IX regulations governing investigations of alleged sexual misconduct and sex discrimination in federally-funded education programs....more

Pullman & Comley - School Law

Connecticut State Department of Education Issues New Transgender Student Guidance

Pullman & Comley - School Law on

Late last week the Connecticut State Department of Education (“CSDE” or “Department”) issued new guidance addressing the rights of transgender students in Connecticut schools.  Entitled Guidance on Civil Rights Protections...more

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

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

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

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more

Holland & Knight LLP

Religious Institutions Update: October 2021

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Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more

FordHarrison

Department of Education Extends Title IX Protections to Gay and Transgender Students

FordHarrison on

Executive Summary: June is Pride Month. On June 16, 2021, Miguel Cardona, Secretary of the U.S. Department of Education (the “Department”) under President Joe Biden, issued a Notice of Interpretation stating that Title IX...more

Roetzel & Andress

U.S. Department Of Education Issues New Interpretation Providing Protection Against Discrimination Based On Sexual Orientation...

Roetzel & Andress on

On Wednesday, June 16, the United States Department of Education issued a Notice of Interpretation (“Interpretation”) “to make clear that the Department interprets Title IX’s prohibition on sex discrimination to encompass...more

Seyfarth Shaw LLP

Section 1557 Protects Transgender Patients – Again

Seyfarth Shaw LLP on

On Monday, the Department of Health and Human Services (“HHS”) announced that the prohibition against discrimination “on the basis of sex” under Section 1557 of the Affordable Care Act (“Section 1557”) once again includes...more

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

Title IX Regulations: Biden Administration Signals Changes Ahead

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

On March 8, 2021, President Joe Biden signed the “Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” making clear his...more

Franczek P.C.

Supreme Court Asked to Give Schools Much-Needed Guidance on Title IX and Transgender Rights

Franczek P.C. on

We have been speculating for quite some time now about what the U.S. Supreme Court will do with Title IX after its decision last term in Bostock v. Clayton County, Georgia. The landmark Bostock decision held that Title VII of...more

Faegre Drinker Biddle & Reath LLP

Executive Order and Courts Clarify Supreme Court Bostock Decision Applies to Title IX, Too

Faegre Drinker Biddle & Reath LLP on

On January 20, 2021, President Joe Biden signed the "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” The Executive Order explicitly extends the holding of...more

Franczek P.C.

Last Gasps and Opening Salvos: The End and Beginning of a New Era in Title IX, Part 1

Franczek P.C. on

At the beginning of last week, Donald Trump was President of the United States and we were being flooded with last minute Title IX and civil rights guidance from the outgoing Department of Education. As we near the end of the...more

Bricker Graydon LLP

New executive order aligns Title IX with Bostock decision

Bricker Graydon LLP on

After months of speculation as to how a new administration may enforce Title IX, newly inaugurated President Biden wasted no time in addressing the matter. On his first day in office, he issued seventeen executive orders,...more

McAfee & Taft

Court applies Bostock’s “because of… sex” ruling to Title IX case

McAfee & Taft on

This past June, the U.S. Supreme Court decision in Bostock v. Clayton County expanded the protections of Title VII, which prohibits an employer from discriminating against an employee or applicant “because of … sex,” to...more

Ballard Spahr LLP

Court Issues Injunction Against Revised ACA Nondiscrimination Rules

Ballard Spahr LLP on

The U.S. District Court for the Eastern District of New York blocked federal rules seeking to remove nondiscrimination protections for health care patients. The blocked rules would have removed protections against...more

Seyfarth Shaw LLP

Transgender Patients Remain Protected: District Court Blocks HHS Rule From Taking Effect

Seyfarth Shaw LLP on

Seyfarth Synopsis: A Federal Court has temporarily enjoined the Trump administration from putting into effect its recent rule that strips the Affordable Care Act of its gender identity protections....more

Ballard Spahr LLP

What Remedy for Transgender Students if HHS Succeeds in Narrowly Redefining Gender Under Title IX?

Ballard Spahr LLP on

The U.S. Department of Health and Human Services (HHS) recently revealed the agency's proposal to narrow the legal definition of sex under Title IX, the federal civil rights law that bans discrimination based on sex in...more

Seyfarth Shaw LLP

Management Alert – The Current Federal Retrenchment on LGBT Rights

Seyfarth Shaw LLP on

Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment....more

FordHarrison

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

FordHarrison on

As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more

Conn Maciel Carey LLP

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

Conn Maciel Carey LLP on

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

FordHarrison

Trump Administration Withdraws Motion Seeking to Limit Court's Stay of Obama's Transgender Bathroom Guidance in Public Schools

FordHarrison on

There has been much speculation about the Trump administration’s position with respect to LGBTQ rights. We may now have our first glimpse. Just days after Jeff Sessions was confirmed as Attorney General, the government has...more

Ballard Spahr LLP

SCOTUS Grimm decision could impact CFPB position on ECOA protection for gender identity and sexual orientation

Ballard Spahr LLP on

On October 28, 2016, the U.S. Supreme Court granted the petition for a writ of certiorari in Grimm v. Gloucester County School Board, a decision of the U.S. Court of Appeals for the Fourth Circuit that marked the first time...more

Zelle LLP

Transgender Employee Bathroom Use

Zelle LLP on

Ah, the bathroom. A place of relief and solitude for many, but for the last six weeks, it has been the focus of controversy. North Carolina now requires that people only use restrooms designated for the gender that appears...more

Bradley Arant Boult Cummings LLP

Get Ready to Rumble—DOJ Alerts North Carolina Governor that New Bathroom Law Violates Federal Statutes

Bradley Arant Boult Cummings LLP on

The head of the federal Justice Department’s Civil Rights Division wrote to North Carolina Governor Pat McCrory that HB2 (see our previous blog posts about HB2 here and here), a law banning public agencies from allowing...more

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