Tag: transgender employees

DOJ Reverses Course on Title VII Protections for Transgender Persons

  On October 4, 2017, U.S. Attorney General Jeff Sessions issued a memorandum announcing the U.S. Justice Department’s (DOJ) new stance that transgender employees aren’t protected from discrimination under federal law. The announcement reflects a reversal from the Obama administration’s interpretation of the law and runs counter to federal court decisions and other federal agencies’ […]

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Deciphering the feds’ changing position on LGBT employment protections under Title VII

by Molly DiBianca In a memo issued on October 4, 2017, U.S. Attorney General Jeff Sessions formally declared that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination based on transgender status. The memo directly conflicts with the position of the Equal Employment Opportunity Commission (EEOC), which has long argued that […]

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Employers in limbo as government entities differ on meaning of laws

by Burton J. Fishman When the U.S. Supreme Court opened its new term on October 2, 2017, the legal world was knocked off its axis. In a rarely seen occurrence, the solicitor general, speaking on behalf of the United States, and the General Counsel of the National Labor Relations Board (NLRB) took opposing positions on […]

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Stage is set for SCOTUS to rule on Title VII and sexual orientation

by Ryan B. Frazier Since the civil rights movement of the 1960s, state and federal laws have been enacted to prohibit employment discrimination against individuals on the basis of their race, ethnicity, age, disability, religion, and gender. Until recently, virtually none of those antidiscrimination laws covered employment discrimination based on sexual orientation or gender identity. […]

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Responding to restroom accommodation requests from transgender employees

by Brian Bouchard Fifty-two years ago, Bob Dylan penned the now-famous lyrics “The times they are a-changin’.” True enough, Mr. Dylan, but for many, changes come slowly, and as the late David Bowie sang: “The days still seem the same.” This can be true in regard to laws, which sometimes struggle to keep pace with […]

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EEOC maintains steady position on transgender employees’ rights

by JW Furman With all the attention given to President Donald Trump’s recent removal of the Obama administration’s protection for transgender bathroom access, it’s important to remember that the action applies only to public school students. For employers, the issue remains as unsettled as ever.  There’s no reason to believe that the Equal Employment Opportunity […]

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U.S. Supreme Court to consider transgender restroom lawsuit

by Ryan B. Frazier During the 1990s, Saturday Night Live, a popular TV sketch comedy show, featured a recurring gender-ambiguous character, Pat. The gag in Pat’s comedy sketches often involved others’ failed attempts to determine the seemingly androgynous character’s gender. The skits played off the then-prevailing view that a person’s gender falls into one of […]

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What’s gender identity got to do with work?

by Amanda M. Jones From Bruce Jenner’s announcement that he was transitioning to become a woman named “Caitlyn” to North Carolina’s passage of a so-called bathroom bill requiring schools and public agencies to restrict bathroom use to the facility corresponding to a person’s biological sex at birth, gender identity issues have become the subject of […]

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How do ‘bathroom bills’ affect employers in other states?

by Joseph Godwin Much attention has been given recently to laws passed concerning transgender individuals’ use of public restrooms. Over the past few years, state legislatures have passed or proposed “bathroom bills” that generally require individuals to use the bathroom that corresponds to the gender listed on their birth certificate and prevent transgender individuals from […]

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EEOC lawsuits may change how employers handle sexual orientation issues

by Brent E. Siler The Equal Employment Opportunity Commission (EEOC) recently filed its first lawsuits alleging that discrimination based on sexual orientation is sex discrimination under Title VII of the Civil Rights Act of 1964. While the EEOC has successfully filed sex discrimination claims on behalf of LGBT employees in the past, the recent lawsuits […]

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