News & Analysis as of

Trump Administration Discrimination LGBTQ

Sheppard Mullin Richter & Hampton LLP

California District Court Partially Enjoins Application of DEI and “Gender Ideology” Executive Orders Against Coalition of...

Recently, the U.S. District Court for the Northern District of California in the case of San Francisco AIDS Foundation v. Trump temporarily halted enforcement of parts of the diversity, equity and inclusion and “gender...more

Ballard Spahr LLP

Section 1557: Deadlines Approach, But Long-Term Prognosis Unclear Under Executive Orders

Ballard Spahr LLP on

Section 1557 of the Affordable Care Act mandates nondiscrimination in health care programs managed or funded by the Department of Health and Human Services (HHS), with upcoming deadlines for compliance set for May and July...more

Seyfarth Shaw LLP

New Visa Restrictions Target Transgender Athletes, Raising Title IX and Compliance Concerns for Colleges

Seyfarth Shaw LLP on

On February 24, 2025, Secretary of State Marco Rubio directed the State Department to deny visas to transgender athletes if their sex marker does not align with their sex assigned at birth. His directive, 25 STATE 15576,...more

Keating Muething & Klekamp PLL

Recent Executive Orders’ Impact on the EEOC

Recent executive orders have caused the Equal Employment Opportunity Commission (EEOC) to abandon litigation and guidance on LGBTQ+ protections and other areas that were priorities during the Biden administration....more

Constangy, Brooks, Smith & Prophete, LLP

EEOC backtracks on transgender, pregnancy; full speed ahead against “anti-American” bias

I reported a few weeks ago that President Trump fired two Democratic Commissioners of the Equal Employment Opportunity Commission (former Chair Charlotte Burrows and Jocelyn Samuels). He appointed Commissioner Andrea Lucas...more

Littler

Executive Order Targets Prohibitions Against Sexual Orientation and Gender Expression Discrimination

Littler on

UPDATE: On January 31, 2025, the EEOC advised that at the present time all charges alleging discrimination on the basis of sexual orientation or gender identity will be sent to national headquarters for review to ensure that...more

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

EEOC Acting Chair Rolls Back Guidance Related to Unlawful Discrimination and Harassment Based on Gender Identity

On January 28, 2025, U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea R. Lucas rolled back much of the EEOC’s Biden-era guidance related to issues of gender identity discrimination and harassment...more

Steptoe & Johnson PLLC

Anticipated Changes at the EEOC Under the Incoming Trump Administration

Steptoe & Johnson PLLC on

The second Trump administration will undoubtedly bring changes to the Equal Employment Opportunity Commission (EEOC). However, significant changes are not likely to occur immediately given that the EEOC will have a Democratic...more

FordHarrison

New HHS Division to Focus on Health Care Workers' Religious or Moral Objections to Providing Certain Care

FordHarrison on

The U.S. Department of Health and Human Services (HHS) has announced the formation of the Conscience and Religious Freedom Division of the HHS Office for Civil Rights (OCR). The new division will review complaints from...more

Seyfarth Shaw LLP

4 Key Trends In Workplace Class Action Litigation For 2017: #3 Governmental Enforcement Litigation

Seyfarth Shaw LLP on

Seyfarth Synopsis: Despite the major ideological shift that occurred within American politics in 2017, government-initiated litigation continued to flourish if not increase even after with the election of the pro-business...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

Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

FordHarrison on

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the...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

Seyfarth Shaw LLP

Supreme Court Remands Transgender Rights Case to Court of Appeals After Trump Administration Withdraws Obama Era Guidance

Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights of...more

Seyfarth Shaw LLP

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

Seyfarth Shaw LLP on

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

Robinson+Cole Data Privacy + Security Insider

DOE and DOJ Withdrawl of “Dear Colleague” Letter Leaves FERPA’s Guidance Unresolved

On February 22, 2017, the Department of Justice (DOJ) and Department of Education (DOE) withdrew their May 13, 2016 “Dear Colleague” letter that provided guidance on steps to protect transgender students under Title IX of the...more

Troutman Pepper Locke

Is Title IX Guidance and Enforcement About to Change?

Troutman Pepper Locke on

On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more

Akerman LLP - HR Defense

LGBT Rights Up in the Air

Changes that may impact LGBT rights in the workplace have employers spinning. This week’s news about the Trump administration’s rescission of federal guidance allowing transgender students to use bathrooms corresponding to...more

Hogan Lovells

U.S. Departments of Education and Justice Withdraw Guidance on Transgender Students

Hogan Lovells on

On February 22, the U.S. Departments of Education and Justice (“ED” and “DOJ,” respectively, and collectively, the “Departments”) issued a two-page Dear Colleague Letter to “withdraw and rescind” policy and guidance reflected...more

Franczek P.C.

Administration Withdraws Transgender Guidance While Considering Legal Issues

Franczek P.C. on

The U.S. Department of Justice (DOJ) and Department of Education (DOE) jointly issued a statement rescinding the guidance on transgender students’ rights under Title IX issued to school districts nationwide in May. The prior...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

Fisher Phillips

Trump DOJ Drops Obama Administration’s Transgender Bathroom Fight

Fisher Phillips on

Last week, the Justice Department withdrew the pending legal challenge that had sought to reverse the federal court decision blocking the implementation of the Obama administration’s transgender bathroom policy for public...more

Franczek P.C.

New Administration Signals Change on Support of Transgender Guidance

Franczek P.C. on

On Friday, the Trump administration signaled that it will not defend the guidance given by the U.S. Department of Justice (DOJ) and Department of Education (DOE) last May on transgender students’ rights under Title IX of the...more

Proskauer - Government Contractor Compliance...

Trump Administration Will Retain LGBT Protections for Government Contractor Employees

Although the first eleven days of the Trump Administration have been full of activity and controversy, federal government contractors have been waiting to see if President Trump will undo or modify the compliance obligations...more

FordHarrison

Texas Court Enjoins Enforcement of Regulation that Would Forbid Discrimination in Healthcare on the Basis of Gender Identity and...

FordHarrison on

As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in...more

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