An employer wasn’t liable to a former employee who alleged he was terminated because he was transgender, the 5th Circuit recently ruled, upholding a Houston federal district court decision. The appeals court said the former employee failed to allege he was treated differently than cisgender employees. The court’s opinion offers guidance on an emerging area […]
Tag: gender identity
As society and our collective consciousness have come to more fully understand and appreciate the varied gender identities of those around us, an ongoing debate has emerged regarding the use of pronouns. Advocates for gender rights have argued that the traditional binary he/she paradigm leaves many people out and forced others into a box they […]
The Equality Act, which would prohibit discrimination based on sexual orientation and gender identity, passed the U.S. House of Representatives on February 25, but regardless of its chances of ever becoming law, employers are advised to review their policies and practices to guard against discrimination, attorneys who advise employers say.
Does Title VII of the Civil Rights Act prohibit discrimination based on gender identity (as part of its prohibition on gender discrimination)?
The Employment Law Question of the Decade is: Does the prohibition against sex-based discrimination include discrimination based on gender identity and sexual orientation? After countless debates on the issue in courts throughout the land, the U.S. Supreme Court is finally primed to give its answer in three cases being argued this term.
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin. Throughout the country, courts have reached different conclusions about whether Title VII’s “on the basis of sex” language prohibits discrimination based on sexual orientation and gender identity.
Olympic runner Caster Semenya, a woman by her own identification, was born with a unique body. While outwardly female, her body produces an excess of testosterone compared with other women. Olympic authorities have at times attempted to regulate the amount of testosterone in people like Semenya, and the entire situation has raised real questions about […]
Reports of a leaked memo detailing Trump administration plans to adopt a narrow definition of sex—a change that could erase discrimination protections for transgender people—raises questions about the impact of a new federal policy on the workplace.
Although he’s been out of high school for more than a year, Gavin Grimm continues to pursue his case against the Gloucester County School Board for refusing to allow him to use the high school restroom of the gender with which he identifies. A recently granted appeal on a novel question of law at the […]
by Charlie Plumb The courts, the U.S. Department of Justice (DOJ), and the Equal Employment Opportunity Commission (EEOC) hold differing views on whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation or sexual identity. Nevertheless, on November 20, an Oklahoma City federal court jury awarded a transgender […]