By Leon Rodriguez and Emily J. Miller
Seyfarth Synopsis: 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 gender identity and protects transgender patients from discrimination by covered entities.[1]
Section 1557 prohibits
Continue Reading Section 1557 Protects Transgender Patients – Again
By Leon Rodriguez and Emily J. Miller
Seyfarth Synopsis: Consistent with Section 1557 of the Affordable Care Act and Title IX of the Education Amendments of 1972, the U.S. Department of Health and Human Services (HHS) recently published recommendations for preventing and responding to sexual harassment for entities that receive federal financial assistance from HHS. In its “Effective Practices
Continue Reading HHS Issues “Effective Practices for Preventing Sexual Harassment”
By Kristin G. McGurn and Bridget M. Maricich
Seyfarth Synopsis: A recent decision by the U.S. District Court for the Eastern District of Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a growing circuit split regarding whether Title VII of the Civil Rights Act of 1964 preempts concurrent claims raised under Title IX of the Education Amendments Act
Continue Reading VII Before IX: Continuing Saga in Harassment Claim Preemption
By Marjorie Clara Soto, Kay J. Hazelwood, and Mary Kay Klimesh
Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit’s recent opinion in Yeasin v. Durham, No. 16-3367, 2018 WL 300553 (10th Cir. Jan. 5, 2018), addresses the “tension between some students’ free-speech rights and other students’ Title IX rights to receive an education
Continue Reading Tenth Circuit Leaves Unresolved When Off-Campus Social Media Posts Can Subject Students to Discipline
By Sam Schwartz-Fenwick, Michael W. Stevens, and Kylie Byron
Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private employers seeking to use their religious faith to engage in otherwise prohibited discriminatory conduct.
In a bombshell week,
Continue Reading The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty
By Sam Schwartz-Fenwick, Michael W. Stevens, and Kylie Byron
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.
Recently, in a dramatic shift, the Department of Justice broke ranks with the Equal Employment Opportunity Commission, and filed an amicus
Continue Reading Management Alert – The Current Federal Retrenchment on LGBT Rights
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 Sam Schwartz-Fenwick and Lucas Deloach
Seyfarth Synopsis: Increasingly, courts have held that discrimination on the basis of sexual orientation and gender identity violates Title VII. Federal district courts in Nevada and Pennsylvania have recently joined their ranks. Nonetheless, the issue remains unsettled.
In the previous two months, federal courts in Nevada and Pennsylvania held that Title VII’s prohibition
Continue Reading Courts Say Title VII Forbids Employment Discrimination Based on Sexual Orientation and Gender Identity
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: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for transgender students. The injunction does not prevent states from permitting accommodations.
In a setback for the Obama Administration, and
Continue Reading Texas District Court Enjoins Federal Gender Identity Protection Of Students