News & Analysis as of

Trump Administration Gender Identity Gender Discrimination

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

Seyfarth Shaw LLP

HHS’ Withdrawal of 2022 Guidance Raises Questions about Coverage for Gender-Affirming Care

Seyfarth Shaw LLP on

In a move with potentially significant implications for entities subject to the Affordable Care Act, the Department of Health and Human Services (HHS) has reversed course and now contends that Section 1557 of the Affordable...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

BakerHostetler

The New EEOC Enforcement Agenda

BakerHostetler on

After being named by President Donald Trump as the acting chair of the EEOC in January, Andrea Lucas is moving quickly to create a new agenda for the commission, one that departs sharply from priorities set during the Biden...more

Littler

Trump Bans Transgender Women Athletes from Participating in Athletics

Littler on

In the latest slew of executive orders affecting educational institutions, on February 5, 2025, President Trump signed an order titled, “Keeping Men Out of Women’s Sports.” This order states, “it is the policy of the United...more

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

NCAA Bars Transgender Athletes from Women’s Sports Aligning With President Trump’s Executive Order

On February 6, 2025, the National Collegiate Athletic Association (NCAA) announced its new policy, prohibiting athletes assigned male at birth from participating in women’s sports competitions, aligning the NCAA eligibility...more

Offit Kurman

The Impact of Transgender Executive Order on New York Residents

Offit Kurman on

On January 20th, President Trump issued an executive order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Trust to the Federal Government.” The executive order included provisions for the...more

Fisher Phillips

From Immigration Raids to DEI and Bathroom Access: How K-12 Schools Should Respond to the First Week of Trump Executive Orders

Fisher Phillips on

The flurry of executive orders signed by President Trump during his first few days of his second administration will have a profound impact on K-12 school communities across the country. They not only touch on immigration...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

Fisher Phillips

The Top 20 Non-COVID Workplace Law Stories Of 2020

Fisher Phillips on

That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

Fisher Phillips

Federal Court Rules In Favor Of Transgender Teen In Florida Bathroom Case

Fisher Phillips on

A federal court in Jacksonville, Florida recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his high school. The July 2018 decision marked the first time that a Florida court has ruled on...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

Holland & Knight LLP

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

Holland & Knight LLP on

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...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

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

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

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

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

Franczek P.C.

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

Franczek P.C. on

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation....more

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