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 Sam Schwartz-Fenwick and Lucas Deloach
Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity.
In EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., Aimee Stephens, a transgender woman, informed her employer, a funeral home,
Continue Reading Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination
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 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 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
By Laura J. Maechtlen and Craig B. Simonsen
Attorney General Holder announced this week that the U.S. Department of Justice will take the position in litigation that the protection of Title VII of the Civil Rights Act of 1964 extends to claims of discrimination based on an individual’s gender identity, including transgender status.
In a memorandum released by the U.S.
Continue Reading DOJ Extends Protection To Employees Based On Gender Identity
By Laura J. Maechtlen, Annette Tyman, and Craig B. Simonsen
More from the OFCCP on gender identity. This week, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2014-02 (August 19, 2014) to clarify that discrimination on the basis of sex covers discrimination on the basis of gender identity and transgender status.
The Directive, entitled “Gender Identity
Continue Reading Federal Contractors Take Note: OFCCP Clarifies “Existing” Policy — Gender Identity and Transgender Discrimination Is Sex Discrimination