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

Seyfarth Synopsis: The Fourth Circuit in a case of first impression held that Title IX entitles transgender students to use the bathroom that matches their gender identity. Though that ruling only discusses Title IX, the Court’s language and reasoning may have implications for Title VII jurisprudence.
Continue Reading Fourth Circuit Holds that “Sex” Under Title IX Incorporates Gender Identity

By Sam Schwartz-Fenwick and Kylie Byron

It seems that not a day goes by without the media reporting on a new “Bathroom Bill.” These bills which have been proposed in a number of states, including Illinois, South Dakota, Washington, and Missouri, aim to restrict the access of transgender people to bathrooms and locker rooms.

Many of these bills focus on
Continue Reading Transgender Bathroom Access

By Laura J. Maechtlen and Craig B. Simonsen

A transgender woman filed a complaint last week against a large healthcare employer alleging sex discrimination in violation of Title VII.

The complainant seeks, among other things, a permanent injunction against the employer from engaging in the “unlawful conduct of discriminating against employees who have undergone, or are undergoing, a gender transition.”
Continue Reading Implications for Employers In Navigating Transgender Employee Requests For Access To Employer Facilities