Tag: transgender employees

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 […]

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 […]

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 […]

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 […]

Sex stereotyping, same-sex harassment, and transgender issues in the workplace

by Amanda Shelby We typically think of sex discrimination and sexual harassment as involving two employees of the opposite sex, but that unlawful activity can occur between employees of the same sex, too. Although federal law doesn’t explicitly recognize gender identity or sexual orientation as protected characteristics, several states and cities have passed ordinances prohibiting […]

Federal agencies cracking down on gender identity discrimination

As the debate over gender identity discrimination rages within the halls of state and federal governments, employers are left to wonder how the controversy will play out in the workplace. One high-profile aspect of the issue centers on North Carolina’s House Bill 2, which Governor Pat McCrory signed into law on March 23. The law […]


OFCCP proposes updated regulations on sex discrimination

by Tony Puckett The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has announced proposed regulations updating its current sex discrimination regulations for federal government contractors and subcontractors. The proposed regulations are the first substantive update to the “Sex Discrimination Guidelines,” which the OFCCP adopted in 1970.  The OFCCP’s press release […]

Gender identity in the workplace: Employers face emerging discrimination issue

When the Olympian and reality TV star the world knew as Bruce Jenner announced this spring that he identifies as female rather than male, the resulting publicity put a new employment issue into focus: Controversy surrounding gender identity is more than fodder for reality TV. It also poses workplace discrimination questions as well as practical […]

Which restroom should Caitlyn Jenner use?

by Kylie Crawford TenBrook Bruce Jenner, Olympic decathlon gold medalist and unfortunate/unwitting participant in Keeping Up with the Kardashians, recently transitioned from living as a man to living as a woman. For a fleeting moment, Caitlyn Jenner was even more famous than her stepdaughter, Kim Kardashian (and is, truthfully, giving her a run for her […]


EEOC brings first lawsuits alleging transgender discrimination

by Arielle B. Sepulveda On September 25, 2014, the Equal Employment Opportunity Commission (EEOC) filed two lawsuits, the first actions by the agency in which it has alleged that discharging an employee because she is transgender constitutes discrimination on the basis of sex and therefore violates Title VII of the Civil Rights Act of 1964. […]