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 Benjamin Conley, Emily Miller, Leon Rodriguez, Sam Schwartz-Fenwick, and Cameron Smith
Seyfarth Synopsis: For decades, courts and practitioners have struggled with whether federal law protects employees against discrimination on the basis of sexual orientation and gender identity. Today, in a landmark 6-3 decision authored by Justice Gorsuch, the Supreme Court held that Title VII
Continue Reading Supreme Court Holds that Title VII Prohibits Discrimination Based On Sexual Orientation and Gender Identity
By Steve Shardonofsky and Alex S. Oxyer
Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently reversed summary judgment in favor of an employer on failure to promote claims, finding that the apparent preselection of a candidate prior to the interview process cast doubt on the selection criteria and the purported reason(s) the plaintiff was not hired. The case —
Continue Reading Employers and Hiring Managers Beware: The Sixth Circuit Reminds Us That Preselection Decisions May Cast Doubt On Hiring Process and Selection Criteria
By Cameron A. Smith and John Ayers-Mann
Seyfarth Synopsis: On October 8th, the Supreme Court heard oral argument in a trio of cases that may decide whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. In much of the nation, gay and transgender workers have no legal protections against employment discrimination. These cases may
Continue Reading Supreme Court Hears Landmark Cases On Title VII Sexual Orientation and Gender Identity Discrimination
By Sam Schwartz-Fenwick and John Ayers-Mann
Seyfarth Synopsis: Today, the Supreme Court granted review to a trio of Title VII cases raising the issue of whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. The Court’s decision in these cases could create a federal right of action for individuals discriminated against on the basis
Continue Reading High Court To Determine Whether Title VII Prohibits Discrimination on the Basis of Sexual Orientation and Gender Identity
By Annette Tyman, Lawrence Z. Lorber, and Michael L. Childers
Seyfarth Synopsis: The Office of Federal Contract Compliance Programs (“OFCCP”) is closing the summer by issuing two new enforcement directives. The first, Directive 2018-03, clarifies the OFCCP’s enforcement of religious non-discrimination in light of recent court decisions and executive orders. The second, Directive 2018-04, creates focused
Continue Reading OFCCP Winds Down Summer By Issuing New Guidance on Religious Discrimination and Announcing New Focused Review Process
By Scott Rabe and Marlin Duro
Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong message that the Religious Freedom Restoration Act (RFRA) has minimal impact
Continue Reading Sixth Circuit Finds EEOC’s Enforcement of Title VII Does Not Need to “Give Way” to Religious Freedom Restoration Act
By Scott Rabe and Sam Schwartz-Fenwick
Seyfarth Synopsis: In landmark decision, the Second Circuit joins the Seventh Circuit in holding that Title VII prohibits discrimination on the basis of sexual orientation as a subset of sex discrimination.
In a landmark decision today in Zarda v. Altitude Express, Inc., No. 15-3775, the Second Circuit ruled en banc that Title
Continue Reading Second Circuit Holds That Title VII Bars Sexual Orientation Discrimination
By Scott Rabe, Sam Schwartz-Fenwick, and Marlin Duro
Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western District of Oklahoma held that Title VII protects transgender individuals from discrimination. Tudor v. Se. Okla.
Continue Reading TITLE VII: Court Breaks from Department of Justice on Transgender Rights
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