News & Analysis as of

Transgender Title VII Title IX

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

Husch Blackwell LLP

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

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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

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

Bricker Graydon LLP

[Webinar] Compliance Briefing: Ohio Bathroom Bill (SB 104) (Higher Education) - January 16th, 12:00 pm - 1:00 pm ET

Bricker Graydon LLP on

On November 27, 2024, Ohio Governor DeWine signed Senate Bill 104 (“S.B. 104”), which will take effect on February 25, 2025. This bill touches every corner of campus – from academic buildings to residence halls, from...more

Bricker Graydon LLP

Ohio’s Bathroom Bill and the EEOC

Bricker Graydon LLP on

Back in November 2024, Ohio Governor Mike DeWine signed into law SB 104, colloquially known as the "Bathroom Bill." This law--which goes into effect on February 25, 2025--provides specific guidelines for restroom, locker...more

Foley & Lardner LLP

Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

Foley & Lardner LLP on

“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

Kohrman Jackson & Krantz LLP

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

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

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

Venable LLP

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

Venable LLP on

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

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

Foley & Lardner LLP

Accommodating Transgender Employees Starts With Compassion

Foley & Lardner LLP on

Compassion can be a wonderful tool in many of the things we do in Human Resources and the labor and employment legal world. It’s also a great starting point when an employee walks into an HR or supervisor’s office to say...more

TNG Consulting

Judge Permits Title VII Lawsuit Against K-12 School District for Harassment of Transgender Teacher

TNG Consulting on

Jennifer Eller, a transgender teacher in the Prince George’s County Public Schools (PGCPS), sued the system for violations of the 14th Amendment, Title VII, Title IX, and the Maryland Fair Employment Practices Act. Eller...more

Cozen O'Connor

Federal Judge Enjoins Agency Guidance on Transgender Students

Cozen O'Connor on

A federal judge in the U.S. District Court for the Eastern District of Tennessee granted 20 Republican AGs’ request to block the Biden Administration’s interpretation of Title VII and Title IX of the Civil Rights Act, which...more

Holland & Knight LLP

Religious Institutions Update: October 2021

Holland & Knight LLP on

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

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

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

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

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

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

Fisher Phillips on

In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...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

Seyfarth Shaw LLP

HHS Issues Final Rule on Section 1557

Seyfarth Shaw LLP on

Under Section 1557 of the Affordable Care Act (“Section 1557”), health programs and activities that receive federal financial assistance cannot discriminate on the basis of race, color, national origin, disability, age, or...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

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