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

By Sam Schwartz-FenwickMichael 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

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

By Daniel B. Klein and Kelsey P. Montgomery

Seyfarth Synopsis: Massachusetts Governor Charlie Baker recently signed the Transgender Public Accommodations Bill into law. Massachusetts now protects transgender persons from discrimination in places of public accommodation. Specifically, a transgender person now has the right to use the restroom and locker room that matches that person’s

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

By Kevin Fritz

A recent charge of discrimination against a large media company brings gender stereotyping front and center. A large entertainment corporation had a paid time off policy for new parents that provided 10 weeks paid leave for biological mothers, but only two weeks for biological fathers. One male employee — and recent father– claimed that the policy was discriminatory and presented an issue of gender bias.  But was the recent dad really getting shorted? Do similar paternity leave policies discriminate against males on the basis of their gender?

Of course, there is no clear answer. And while an overwhelming majority of sex bias claims are still filed by women, the anticipated influx of same-sex parents, especially in light of the Supreme Court’s 2013 decision striking down the Defense of Marriage Act, underscores that this is an increasingly important issue facing employers.
Continue Reading