As transgender employees become more comfortable living openly as their authentic selves in the workplace, employers should be prepared to work with transitioning employees. Consider putting a plan in place that fosters an inclusive work environment and guards against discrimination based on gender identity and expression. This plan should include communicating with transitioning employees, educating […]
The rights of transgender persons have become a hot button issue not only in schools and sports but in the workplace as well. Recently, the U.S. 4th Circuit Court of Appeals (whose rulings apply to employers in Virginia, Maryland, North Carolina, South Carolina, and West Virginia) weighed in on whether a transgender woman, who suffered […]
A transgender person’s access to the bathroom associated with their new identity has become a hot-button issue in society at large. It was therefore no surprise that an Illinois court was asked to weigh in on the issue. In a landmark ruling, the Illinois Appellate Court for the Second District ruled an employer violated the […]
This week, Elliot Page shared on social media that he is transgender and identifies as nonbinary. Elliot, who was formerly known publicly as Ellen Page, is known for such popular films as Juno (for which he received an Oscar nomination) and Inception and can currently be seen in Netflix’s Umbrella Academy. Elliot’s announcement further shed […]
On June 15, the U.S. Supreme Court delivered its landmark decision in Bostock v. Clayton County, Georgia, and established LGBTQ rights in the workplace as a matter of federal law. The Court squarely held Title VII of the Civil Rights Act of 1964 includes a prohibition on sexual orientation and gender identity discrimination in employment.
You likely saw this recent case in your news feed. And some of you may wonder how or why. Can an employer have religious objections to continuing a transgender employee’s employment? Is this issue coming to your state? Good questions. Here are some answers.
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’ […]
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 […]
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 […]
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. […]