By Nicholas De Baun and Tara Ellis
Seyfarth Synopsis: On December 23, 2019, District Judge Rosemary Marquez ruled, in connection with a motion to dismiss, that Title VII does protect discrimination based on a person’s transgender status, and that a health insurance plan’s exclusion for gender reassignment surgery may not be “rationally related to a legitimate government interest.”
Continue Reading Exclusion for Gender Reassignment Surgery May Violate Title VII and the Equal Protection Clause
By Nicholas De Baun and Tara Ellis
Seyfarth Synopsis: In Toomey v. U of Arizona, No. 19-35 (D. Ar. June 24, 2019), the Magistrate Judge determined on a motion to dismiss that Title VII does not prohibit discrimination based on a person’s transgender status. However, she decided that the plaintiff had adequately alleged that the health plan exclusion
Continue Reading Exclusion for Gender Reassignment Surgery May Disadvantage a “Suspect Class”
By Nila Merola and Cameron A. Smith
Seyfarth Synopsis: Both houses of the New York State Legislature passed the Gender Expression Non-Discrimination Act, which prohibits discrimination on the basis of gender identity or expression and adds offenses motivated by gender identity or expression to the hate crimes statute.
On January 15, 2019, both the New York State Senate and
Continue Reading New York State Legislature Passes Gender Expression Non-Discrimination Act
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
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 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 gender identity.
On July 8,
Continue Reading Massachusetts Governor Signs Transgender Public Accommodations Bill Into Law
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