Law and the Workplace

Tag Archives: gender identity

Texas District Court Holds EEOC Guidance on Sexual Orientation and Gender Identity Discrimination Unlawful

By Evandro Gigante, Laura Fant, Arielle E. Kobetz and Dakota D. Treece on Posted in Discrimination, Harassment and Retaliation
EEOC sealOn October 1, 2022, the United States District Court for the Northern District of Texas held that Equal Employment Opportunity Commission (“EEOC”) guidance addressing sexual orientation and gender identity discrimination in the workplace is unlawful. The case is State of Texas v. EEOC, Case No. 2:21-cv-00194-Z. Background As we previously reported, on June 15, 2020, … Continue Reading

U.S. Supreme Court Holds That Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity

By Arielle E. Kobetz, Alex Downie and Steven Hurd on Posted in Discrimination, Harassment and Retaliation
In a 6-3 decision authored by Justice Gorsuch on June 15, 2020, the United States Supreme Court held that Title VII’s prohibition on discrimination “because of…sex” includes discrimination on the basis of sexual orientation and gender identity. Bostock v. Clayton County, No. 17-1618 (590 U.S. ___ (2020). In doing so, the Court made clear that … Continue Reading

SCOTUS to Decide Whether Title VII Protects Sexual Orientation and Gender Identity

By Arielle E. Kobetz, Evandro Gigante and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation
On April 22, 2019, the Supreme Court granted certiorari in three cases that raise the question of whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity.  In two of the cases, Altitude Express v. Zarda and Bostock v. Clayton County, Georgia, the Court will consider whether Title VII’s prohibition on … Continue Reading

NYC Commission on Human Rights Issues Proposed Rules Relating to Discrimination on the Basis of Gender Identity or Expression

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
gender identityThe New York City Commission on Human Rights (the “Commission”) has issued a Notice of Public Hearing and Opportunity to Comment on proposed rules to establish certain definitions and clarify the scope of protections against discrimination with respect to gender identity or expression under the New York City Human Rights Law (“NYCHRL”).  The proposed definitions … Continue Reading

New Hampshire Expands Protections Against Discrimination to Include Gender Identity

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
gender identityNew Hampshire has enacted a law to prohibit discrimination based on gender identity in employment, housing, and public accommodation. The law, which amends the state’s Law Against Discrimination, takes effect July 8, 2018. The law will make it an unlawful discriminatory practice for an employer to: (i) refuse to hire or employ; (ii) bar or … Continue Reading

Sixth Circuit Holds Discrimination Based on Transgender Status is Prohibited Under Title VII

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation
In a unanimous decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., a three-judge Sixth Circuit panel has held that discrimination on the basis of transgender status is “necessarily” discrimination on the basis of sex and therefore prohibited under Title VII of the Civil Rights Act of 1964 (“Title VII”). Background The case … Continue Reading
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