Tag: Gender Identity Discrimination

EEOC Issues Guidance on Sexual Orientation, Gender Identity Discrimination

The Equal Employment Opportunity Commission (EEOC) recently issued a technical assistance document for “Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity.” The document briefly explains the U.S. Supreme Court’s June 2020 decision in Bostock v. Clayton County, Georgia, and the agency’s established legal positions on sexual orientation and gender identity-related workplace discrimination […]

How to Combat Transphobia in the Workplace

According to one report by the National Center for Transgender Equality, 90% of the 6,450 transgender and gender-nonconforming people who were surveyed reported “experiencing harassment or mistreatment on the job or took actions to avoid it.” And a whopping 47% of the individuals surveyed reported being fired, not hired, or denied a promotion because of […]

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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’ […]

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. […]

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 […]

VA student’s transgender bathroom case will not pass ‘Go’ . . . yet

by Rachael L. Loughlin Transgender issues continue to be one of the hottest areas of the law today. Recent actions by the Trump administration backing away from the Obama administration’s forceful advocacy of transgender rights may have come as no surprise. Nonetheless, they certainly didn’t help clarify the law. In fact, if anything, the Trump […]

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 […]

Transgender bathroom case makes it to Supreme Court

by Rachael L. Loughlin On October 28, 2016, the Supreme Court granted the request of the School Board of Gloucester County to consider whether the Court should overturn a decision of the Fourth Circuit Court of Appeals. The Fourth Circuit ordered the School Board to allow Gavin Grimm, who was born female but identifies as […]