sexual orientation discrimination

By Abigail Cahak, Sam Schwartz-Fenwick, and Mary Kay Klimesh

Seyfarth Synopsis: The Seventh Circuit affirmed that a transgender student demonstrated a likelihood of success on claims that his school district’s decision to prohibit him from using the boys’ restroom violated both Title IX and the Constitution’s Equal Protection Clause.

In Whitaker v. Kenosha Unified School District No.
Continue Reading Seventh Circuit Affirms Likelihood of Success that School’s Bathroom Policy Violates Title IX and Equal Protection Clause

By Mary Kay Klimesh, Sam Schwartz-Fenwick, and Abigail Cahak

Seyfarth Synopsis: The Supreme Court is poised to hear and rule on the Obama Administration’s position regarding coverage of gender identity within Title IX’s prohibition on sex discrimination. However, the status of the case is uncertain in light of who the incoming Trump Administration will appoint to the currently
Continue Reading Supreme Court to Rule on Case Addressing Bathroom Access Based on Gender Identity

By Sam Schwartz-Fenwick and Kylie Byron

Seyfarth Synopsis: A Seventh Circuit panel’s ruling that Title VII does not cover claims of sexual orientation discrimination will be heard en banc by the Circuit.  Whether an en banc ruling affirms or reverses the panel’s decision, it is likely that this issue will only be resolved with certainty by the Supreme Court.

On
Continue Reading Seventh Circuit to Re-Hear Case Determining Whether Sexual Orientation Discrimination is Covered By Title VII