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

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

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

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

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.