News & Analysis as of September 1, 2025

Religious Freedom Restoration Act (RFRA)

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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 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 -

DOJ Statement of Interest Filed Prohibiting Dysphoria Medical Coverage

Rivkin Radler LLP on 8/25/2025

The U.S. Department of Justice recently issued a press release concerning a Statement of Interest that shields small businesses from being forced to provide medical coverage for gender dysphoria. In Bernier v. Turbocam et...more

Religious Institutions Update: July 2024

Holland & Knight LLP on 7/12/2024

Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

Religious Institutions Update: October 2021

Holland & Knight LLP on 10/6/2021

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

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

Can an Employee be Fired for being Gay or Transgender?

Ward and Smith, P.A. on 10/11/2019

HR Professionals will soon know the answer to this question. The United States Supreme Court is preparing to settle a contentious debate on employee protections under federal employment discrimination laws. On October...more

Recent Guidance Interprets Pennsylvania Human Relations Act to Protect LGBTQ Community

McNees Wallace & Nurick LLC on 9/28/2018

Perhaps the most significant EEO issue percolating through the federal court system right now is whether Title VII’s prohibition against sex discrimination encompasses discrimination on the basis of sexual orientation and...more

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/8/2018

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Federal Court Rulings Growing in Favor of LGBT+ Employees

Skadden, Arps, Slate, Meagher & Flom LLP on 4/26/2018

As members of the lesbian, gay, bisexual and transgender community (LGBT+) are increasingly open at work about their identities, circuit courts are recognizing that Title VII of the Civil Rights Act protects them from...more

Sixth Circuit Extends Title VII Protection to Gender Identity Discrimination, Joining Second and Seventh Circuits

Miles & Stockbridge P.C. on 4/10/2018

Last month, with its decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., 884 F.3d 560 (6th Cir. 2018) the Sixth Circuit broadened Title VII protection to include protection for individuals who are transgender or...more

Sixth Circuit Rules that Employer Cannot Rely on the Religious Freedom Restoration Act to Defend Discrimination Claims by...

Orrick - Employment Law and Litigation on 4/10/2018

On March 7, 2018, the Sixth Circuit issued a ruling of first impression, holding that the Religious Freedom Restoration Act (“RFRA”) did not exempt an employer from liability for violating Title VII of the 1964 Civil Rights...more

Sixth Circuit Confirms Title VII Protection for Transgender Status and Rejects Religious Belief Defense

Foley & Lardner LLP on 3/28/2018

Earlier this month, we discussed the Second Circuit Court of Appeals’ decision concluding that Title VII prohibits discrimination on the basis of sexual orientation. Days later, the Sixth Circuit Court of Appeals (covering...more

Transgender, Transitioning, and Title VII: Sixth Circuit Provides Protected Status

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/27/2018

Does discrimination based on gender identity fall within Title VII of the Civil Rights Act of 1964’s protection against discrimination “because of sex”? Adopting the U.S. Equal Employment Opportunity Commission’s (EEOC)...more

Transgender Rights Trump Religious Rights in Sixth Circuit Case

Akerman LLP - HR Defense on 3/27/2018

Title VII’s protections against sex discrimination extend to transgender workers, even in the face of a challenge based on the employer’s religious rights, a federal appellate court has held....more

Two Federal Courts Of Appeal Find That Title VII Prohibits Workplace Discrimination On The Basis Of Sexual Orientation And...

Butler Snow LLP on 3/23/2018

Back in April 2017, the federal 7th Circuit Court of Appeals (governing Illinois, Indiana, and Wisconsin) made big news when it determined that Title VII of the Civil Rights Act of 1964 prevents employers from discriminating...more

Sixth Circuit Holds Transgender Status Is Protected by Title VII and Rejects Religious Freedom Restoration Act Defense

FordHarrison on 3/20/2018

The Sixth Circuit Court of Appeals is the latest to weigh in on the heated debate as to whether sexual orientation, gender identity, transgender status and/or gender expression are protected classes under Title VII of the...more

Sixth Circuit Delivers One-Two Punch Knocking Out Transgender Discrimination

Mintz - Employment Viewpoints on 3/19/2018

The U.S. Court of Appeals for the Sixth Circuit ruled on March 7 that employer R.G. & G.R. Harris Funeral Homes unlawfully discriminated on the basis of sex when it fired a transgender employee after she informed the company...more

LGBTQ Rights Making News and Making Law In Recent Weeks

Kelley Drye & Warren LLP on 3/16/2018

In the past two weeks, we saw two major decisions in the area of LGBTQ rights in the workplace. First, the Second Circuit in New York held that Title VII does prohibit discrimination based on sexual orientation. Zarda v....more

Sixth Circuit Says Transgender Discrimination is Protected Under Title VII

Amundsen Davis LLC on 3/16/2018

Last week, the United States Court of Appeals for the Sixth Circuit held—for the first time—that discrimination based on transgender and transitioning status violates Title VII. Although the court has previously held that...more

Federal Appeals Court Finds Title VII Precludes Discrimination Based On Transgender Status

Littler on 3/15/2018

The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in...more

Sixth Circuit rules Title VII outweighs religious defense in case of transgender employee

McAfee & Taft on 3/14/2018

While the debate is still not settled as to whether Title VII’s prohibition on sex discrimination applies to LGBTQ workers, at least one more federal appeals court has officially weighed in on the subject. On March 7, 2018,...more

Sixth Circuit Rules Discrimination Against Transgender Employees Violates Title VII

McNees Wallace & Nurick LLC on 3/13/2018

The Sixth Circuit Court of Appeals has held that discrimination against transgender/LBGTQ employees is discrimination on the basis of sex that violates Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity...more

Sixth Circuit Holds Discrimination Based on Transgender Status is Prohibited Under Title VII

Proskauer - Law and the Workplace on 3/13/2018

In a unanimous decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., a three-judge Sixth Circuit panel has held that discrimination on the basis of transgender status is “necessarily” discrimination on the basis of sex...more

Transgender and transitioning employees protected from discrimination in Ohio

Bricker Graydon LLP on 3/13/2018

Last week, the Sixth Circuit (which covers Kentucky, Michigan, Ohio and Tennessee) held that Title VII provides transgender and transitioning employees with protection from employment-related discrimination....more

6th Circuit First Appellate Court to Declare Discrimination Transgender or Transitioning Status Discrimination is Sex...

Hinshaw & Culbertson LLP on 3/12/2018

In a milestone decision, the 6th Circuit Court of Appeals held discrimination based on an employee’s transgender or transitioning status violates Title VII. In addition, the court held as a matter of law that a religious...more

Sixth Circuit Says Title VII Protects Transgender Employees

Parker Poe Adams & Bernstein LLP on 3/12/2018

On the heels of last week’s Second Circuit decision finding sexual orientation discrimination prohibited under Title VII, on Wednesday, a Sixth Circuit Court of Appeals panel held that Title VII likewise protects transgender...more

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