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Transgender Employment Litigation Gender Identity

Dorsey & Whitney LLP

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

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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

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

Ballard Spahr LLP

New (Old) Battlegrounds: The Administration’s Targeting of Transgender Rights

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Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals....more

BCLP

Definition of "Woman” in the Equality Act, Guidance on Conduct Dismissals, and a News Roundup - UK HR Two Minute Monthly: April...

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Our employment law update for April covers the Supreme Court decision the correct definition of “sex” and “woman” in the Equality Act and a Court of Appeal decision providing guidelines on gross misconduct dismissals....more

Seyfarth Shaw LLP

The emerging law on women’s advancement programs and transgender rights: a cross-border perspective

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The landscape of transgender employment laws is evolving globally, with various jurisdictions adopting laws that ensure inclusivity and non-discrimination in the workplace. This area is one of the most complex issues in...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Two Employers for Sex Discrimination

Federal Agency Charges That the Companies Discriminated Against Employees Because of Their Sexual Orientation and/or Gender Identity - MOBILE, Ala. and CHICAGO – Harmony Hospitality LLC, which operates a Home2 Suites by...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Littler

British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based on Their Gender Identity...

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In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server’s pronouns, among...more

Venable LLP

Between a Rock and a Hard Place: The Legal Debate Over Preferred Pronoun Usage in the Classroom Continues with Institutions of...

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In a July 28, 2023 ruling, the Seventh Circuit has signaled that Institutions of Higher Education (IHEs) seeking to enforce pronoun policies can expect to face increased scrutiny. Specifically, the Seventh Circuit vacated its...more

Miles & Stockbridge P.C.

Gender Dysphoria Recognized as a Disability Under Federal Law

A federal appeals court this week ruled that “gender dysphoria” qualifies as a disability under the Americans with Disabilities Act (“ADA”). This decision will give broader protection to transgender and other individuals...more

Benesch

Gender Dysphoria Protected by the ADA, Per Fourth Circuit

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Recent case law continues to develop the scope of legal protections for transgender individuals. One month after a Texas court enjoined the Equal Employment Opportunity Commission (“EEOC”) from enforcing its 2021 guidance...more

Bodman

Michigan Supreme Court Rules that State Civil Rights Act Bans Discrimination Based on Sexual Orientation

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On July 28, 2022, the Michigan Supreme Court ruled 5-2 that the Michigan Elliot Larsen Civil Rights Act’s (“ELCRA”) prohibition against sex discrimination includes a prohibition against discrimination based on sexual...more

Laner Muchin, Ltd.

Illinois Appellate Court Affirms the Rights of Transgender Employees in the Workplace

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The Illinois Appellate Court (Second District) recently issued an opinion deciding an issue of first impression here in Illinois: whether an employer violates the Illinois Human Rights Act (Act) by denying a transgender woman...more

Bradley Arant Boult Cummings LLP

EEOC Locks onto Bostock: New Guidance on Sexual Orientation and Other Gender Issues

You may recall our blog post last summer recapping the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia that held discrimination based on sexual orientation is prohibited by Title VII.  After that decision,...more

Sands Anderson PC

EEOC Issues New Guidance on Workplace Transgender Policies

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The Equal Employment Opportunity Commission (EEOC) recently issued new Guidance directed to employers addressing restroom policies and the use of employee preferred pronouns. Although this technical assistance guidance does...more

Butler Snow LLP

Fifth Circuit Court of Appeals Requires Transgender Plaintiffs to Identify Comparators to Establish Title VII Discrimination

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This recent decision from the Fifth Circuit Court of Appeals confirms that plaintiffs claiming discrimination based on transgender status are subject to the same pleading and evidentiary requirements as other discrimination...more

Morgan Lewis

UK Employment Appeal Tribunal: ‘Gender-critical’ Beliefs Are Protected Philosophical Beliefs

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The UK’s Employment Appeal Tribunal (EAT) found on 10 June 2021 in Maya Forstater v CGD Europe and others that gender-critical beliefs—including believing that one’s biological sex is immutable and not to be conflated with...more

Fisher Phillips

Gender is a Spectrum: Landmark UK Ruling Expands the Equality Act

Fisher Phillips on

A UK employment tribunal has decisively expanded cleared years of ambiguity surrounding the definition of “gender-reassignment” in the Equality Act to include non-binary gender identities. The Equality Act of 2010 protects...more

Fisher Phillips

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

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You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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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

Payne & Fears

Key California Employment Law Cases: June 2020

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Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary:  Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more

Dorsey & Whitney LLP

The Supreme Court - June 15, 2020

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued the following opinions: Bostock v. Clayton County, No. 17-1618; Altitude Express, Inc. v. Zarda, No. 17-1623; R. G. & G. R. Harris Funeral Homes, Inc. v. Equal...more

Jackson Lewis P.C.

Supreme Court: Title VII Protects LGTBQ+ Employees

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The U.S. Supreme Court has held that LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964. The Court issued its decision in three consolidated cases: Bostock v....more

Hinshaw & Culbertson - Employment Law...

SCOTUS Decides Title VII Protects LGBTQ+ Workers

In a historic 6-3 decision, the Supreme Court of the United States held that an employer who discriminates against an employee merely for being gay or transgender violates Title VII. 590 U. S. ____ (2020). This landmark...more

Fox Rothschild LLP

U.S. Supreme Court Prohibits Job Discrimination Based On Sexual Orientation And Gender Identity

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In an historic decision, the U.S. Supreme Court ruled that sexual orientation and gender identity/expression discrimination are prohibited under Title VII of the Civil Rights Act of 1964. In Bostock v. Clayton County,...more

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