In an historic decision, the Supreme Court ruled 6-3 last week that Title VII’s prohibition on employment discrimination protects employees on the basis of sexual orientation and gender identity. In doing so, the Court held that discrimination based on sexual orientation or gender identity necessarily involves discrimination on the basis of sex, which Title VII
Virginia: the Next State to Protect LGBTQ Employees from Discrimination?
If you’re a regular reader of our blog, you probably know that the question of whether federal law prohibits employment discrimination against employees on the basis of their sexual orientation or gender identity remains open, which the Supreme Court may (or may not) resolve this year. While the EEOC continues to move forward in processing
Supreme Court Hears Argument in LGBT Discrimination Cases: What’s Next?
As regular readers of our blog will already know, the issue of whether Title VII prohibits employment discrimination based on an employee’s sexual orientation or gender identity has been a hot topic in federal litigation for several years. Our blog has regularly covered these developments and often expressed that this question will likely require clarification
Trump Administration Eliminates Transgender Student Bathroom Guidance
Yesterday, the newly confirmed Education Secretary and Attorney General issued a joint letter eliminating the Obama administration’s guidance from last year addressing the issue of bathroom use by transgendered students. Specifically, the former guidance had said that schools must allow students to use the bathroom of the gender with which they identify, even if that
Transgender Police Officer Wins Title VII Claim Against School District
Query: a longtime employee, who has previously identified in your workplace as female, begins dressing for work like a man, grooming according to male standards, and identifying as male. He begins to make arrangements to have his name formally changed, and a number of other legal documents changed as well. He also begins using the
Despite North Carolina And Georgia, Gender Identity And Sexual Orientation May Be Protected Under Federal Law
As my colleague Christina Stoneburner posted yesterday and today, North Carolina recently enacted the Public Facilities Privacy & Security Act, which, among other similar state laws that continue cropping up (such as the recently vetoed religious exemption bill in Georgia), curtails protections based on Lesbian, Gay, Bisexual, and/or Transgender (LGBT) status. These proposed
Update: North Carolina Attorney General Refuses to Defend Bathroom Law Against Legal Challenge
Things seem to be developing rapidly in North Carolina. Just yesterday morning we reported that the ACLU had filed a challenge to the Public Facilities Privacy & Security Act that was passed last week and signed by Governor McCrory. The response from the North Carolina’s Attorney General’s Office was immediate and decisive: the AG would
ACLU Seeks to Flush North Carolina’s Public Facilities Law
Just days after North Carolina lawmakers passed the controversial Public Facilities Privacy & Security Act (“Act”), the American Civil Liberties Union (“ACLU”) has filed a lawsuit challenging the law.
Although the title of the Act seems to imply that it just addresses the use of public restrooms, the law actually goes far beyond that. Opponents
NYC Commission On Human Rights Issues Transgender Discrimination Guidance Just Before the New Year
Mayor Bill de Blasio and the New York City Council have made no secret of their desire to expand the reach and protections offered by the New York City Human Rights Law (“NYCHRL”). This year saw the expansion of these protections, such as bans on using, or even inquiring about, individuals’ credit and criminal background
Hobby Lobby Given a Swirlie for Bathroom Policies Applied to a Transgendered Employee
The Illinois Human Rights Commission recently ruled against Hobby Lobby and found that it had discriminated against a transgendered employee by refusing to let her use the women’s restroom unless she could provide legal authority mandating that she be allowed to use that bathroom or produce medical documentation that she had surgically completed her transition