News & Analysis as of

Transgender Gender Identity Employment Discrimination

Constangy, Brooks, Smith & Prophete, LLP

Christian teacher gets jury trial in name, pronoun case

Divine intervention? John Kluge, a high school orchestra teacher in the Indianapolis area, was let go in 2018 after he refused to address transgender students by their preferred names and pronouns. Mr. Kluge, a Christian...more

Woods Rogers

Navigating the New Normal: Revisiting Your Workplace Dress Code

Woods Rogers on

The workplace landscape has shifted, and with it, employee attire. As employees return to the office, many opt for more casual wear, such as jeans and polo shirts, or even summer-appropriate clothing like tank tops and...more

Saul Ewing LLP

Pronouns and Preliminary Injunctions: Eleventh Circuit Weighs in on Employee’s Free Speech Rights in Public Schools

Saul Ewing LLP on

The United States Court of Appeals for the Eleventh Circuit recently issued an opinion rejecting a public employee’s challenge to a Florida law that prohibits teachers from using their preferred pronouns in the classroom....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

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

Ballard Spahr LLP on

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

Lathrop GPM

Minnesota Sues President Trump to Prevent Enforcement of Executive Orders that Seek to Restrict Rights of Transgender People

Lathrop GPM on

On April 22, 2025, the state of Minnesota filed a lawsuit against President Trump, asking the U.S. District Court for the District of Minnesota to declare two Executive Orders issued by President Trump unlawful and to enjoin...more

Bricker Graydon LLP

Executive Order 14168’s Potential Impact on the Private Sector

Bricker Graydon LLP on

On January 20, 2025, President Trump issued Executive Order 14168 titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” ...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

Jackson Lewis P.C.

Moving Forward: District Court Denies Religious University’s Motion to Dismiss Transgender Ex-Employee’s Title VII Suit

Jackson Lewis P.C. on

The U.S. District Court for the Western District of Virginia denied Liberty University’s motion to dismiss a federal lawsuit brought by a former employee who alleges that Liberty violated Title VII of the Civil Rights Act...more

Benesch

EEOC Shakeups Under the Trump Administration Targeting Gender Identity, Abortion Accommodations, and AI Bias

Benesch on

The Trump Administration has issued swift changes in policy, and the effects are now reaching the Equal Employment Opportunity Commission (“EEOC”). While the EEOC is still awaiting quorum to vote on major actions, it is...more

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

‘What Is a Woman?’ Alabama Governor Signs Bill Declaring There Are Only Two Sexes

On February 13, 2025, Alabama Governor Kay Ivey signed into law Senate Bill 79 / Act 2025-3, declaring that there are only two sexes, male and female. Originally introduced on February 4, 2025, the legislation amends Alabama...more

Husch Blackwell LLP

Decoding the Executive Order on Gender Identity: Key Insights for Private Employers

Husch Blackwell LLP on

In previous legal updates, our team analyzed the recent executive order entitled Ending Illegal Discrimination and Restoring Merit-Based Opportunity, which encourages, but does not mandate, that private employers end certain...more

Paul Hastings LLP

The Defending Women Executive Order Presents Potential Clash Between Federal and State Antidiscrimination Law

Paul Hastings LLP on

On January 20, 2025, President Donald Trump issued an executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” (Defending Women EO). The Defending Women...more

Akin Gump Strauss Hauer & Feld LLP

Prioritizing Military Excellence and Readiness (Trump EO Tracker)

Summary - This order directs the Secretary of Defense to promptly issue directives for DoD to end invented and identification-based pronoun usage to best achieve high standards for troops. Absent extraordinary operational...more

Fisher Phillips

What Does the White House’s Executive Order on Gender + New EEOC Acting Chair Mean for Employers? 5 Key Takeaways

Fisher Phillips on

A pair of back-to-back moves from the new Trump administration demonstrates a clear shift in the way the federal government will approach EEO and anti-bias laws over the course of the next several years. On his first day in...more

McGlinchey Stafford

Are Transgender and Non-Binary Employees Being Erased from Workplace Policies?

McGlinchey Stafford on

Due to growing awareness and diversity, equity, and inclusion (DEI) policies, the public has slowly begun to accept transgender individuals and those who do not identify as a man or a woman (non-binary). On his first day in...more

Akin Gump Strauss Hauer & Feld LLP

Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government

It is the policy of the United States to recognize two sexes, male and female. It is the Administration’s position that sexes are not interchangeable and that “sex” is not a “synonym for and does not include the term ‘gender...more

Seyfarth Shaw LLP

President Trump’s Executive Order Eradicates 'Gender Ideology' from Federal Government and Seeks to Dismantle Federal Transgender...

Seyfarth Shaw LLP on

The Trump Administration’s new Executive Order on “gender ideology extremism” signals a dramatic shift in federal policy that will impact workplace policies, benefits, and compliance obligations relating to transgender...more

Jackson Lewis P.C.

New Presidential EO Says Federal Government Recognizes ‘Two Sexes’ Only

Jackson Lewis P.C. on

On his first day in office, President Donald Trump acted swiftly to ensure federal agencies recognize only two sexes, male and female, and to reject the concept of “gender ideology.” Among the slew of his Day 1 executive...more

IR Global

Sensitivity, inclusivity, and the intergenerational workplace - The Visionaries

IR Global on

Q1 What is recognised as ‘transgressive behaviour’ in the US – and is it in line with global ‘standards’? Transgressive behaviour, more commonly known in California and the United States as inappropriate workplace...more

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

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

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

Bodman

Michigan Amends Civil Rights Act To Include LGBTQ Protections

Bodman on

On March 16, 2023, Michigan Governor Gretchen Whitmer signed a bill that expands the Elliott-Larsen Civil Rights Act (“ELCRA”) to include protections for LGBTQ individuals....more

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