Federal Employment Law Articles

Sex Discrimination - Orientation And Identity

Articles Discussing Sexual Orientation and Gender Identity Issues In The Workplace.

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Federal Law Recognizing Same-Sex, Interracial Marriages Under Federal Law Signed

Ogletree Deakins·

On December 13, 2022, President Joe Biden signed H.R. 8404, known as the Respect for Marriage Act, into law, guaranteeing marriage equality for same-sex and interracial couples under federal law. The law passed both houses of the U.S. Congress with bipartisan support, and the signing took place two

<a href="https://www.jacksonlewis.com/publication/us-supreme-court-hears-oral-argument-case-testing-limits-state-anti-discrimination-law">U.S. Supreme Court Hears Oral Argument in Case Testing Limits of State Anti-Discrimination Law</a>

Jackson Lewis P.C.·

The U.S. Supreme Court weighed the rights of LGBTQ+ people to be free from discrimination in the marketplace against a Colorado business owner’s right to free speech when it heard oral argument in 303 Creative LLC v. Elenis (No. 21-476) on December 5, 2022.

Supreme Court Hears Arguments on Whether Wedding Website Creator Can Refuse Same-Sex Couples

Ogletree Deakins·

On December 5, 2022, the Supreme Court of the United States heard oral arguments in a case on whether a wedding website creator may legally refuse to make websites for same-sex couples based on First Amendment grounds. During the nearly two-and-a-half hour oral arguments in 303 Creative LLC v. Eleni

Same-Sex, Interracial Marriages Federal Bill Takes Step Toward Approval

Ogletree Deakins·

On November 29, 2022, the U.S. Senate passed the Respect for Marriage Act, which would guarantee marriage equality, including for interracial and same-sex couples, under federal law. The bill, H.R. 8404, passed the Senate in a 61-36 vote with bipartisan support. The bill must still be voted on by th

Supreme Court Declines Review of Transgender Fire Chief’s Discrimination Case

Ogletree Deakins·

On November 7. 2022, the Supreme Court of the United States declined to review a case by a Georgia fire chief alleging she was discharged for being transgender in violation of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.

Employers Pressed Over Health Plan Coverage of Transgender Treatments for Minors

Ogletree Deakins·

Employers are facing increasing—and conflicting—pressures over health plan coverage of puberty-blocking medications used to treat some minors for gender dysphoria.

Progress of TSA’s Gender-Neutral Screening

Jackson Lewis P.C.·

In March 2022, the Transportation Security Administration (TSA) announced it would be implementing measures to conduct gender-neutral screening by enhancing screening technology, reducing the number of pat-downs needed, streamlining identity validation, updating TSA PreCheck, expanding airline partn

The Fourth Circuit is First to Rule that ADA Protects Gender Dysphoria

Littler·

On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit issued a landmark decision, Williams v. Kincaid, finding that the Americans with Disabilities Act (ADA) and the Rehabilitation Act1 protect individuals with gender dysphoria. This decision is the first decision by a federal appella

Nonbinary Pronoun Usage in the Workplace: What Employers Are Doing to Promote Inclusivity

Ogletree Deakins·

Using the correct pronouns and honorifics in the workplace has become an increasingly important part of maintaining an inclusive workplace. At the same time, the sensitive nature of this trend and the many variations of pronouns and honorifics in use may leave employers confused as to how to accompl

Going Beyond IE&D 101: A Deeper Understanding of Being Transgender Today in America

Littler·

As Pride Month comes to a close, we are celebrating with a very special podcast that features the personal stories and perspectives from two members of the Littler family. Littler Knowledge Management Counsel, Betsy Cammarata (GSC – Kansas City) talks with Littler alum, Bennett Kaspar-Williams (Corp

Celebrating Pride in 2022: Coming Out and Allyship in the Workplace

Jackson Lewis P.C.·

While June is a month to celebrate our Pride, it is also a time to reflect on the importance of coming out in the workplace and how all employees have a critical role to play as allies to LGBTQ staff, clients and community. On this episode of We get work™, we will explore coming out in the workplace

Biden Administration Marks Transgender Visibility Day With Plan of Support

Jackson Lewis P.C.·

On Transgender Day of Visibility 2022, March 31, the Biden Administration published a Fact Sheet outlining its dedication to equality and visibility for transgender, non-binary, and gender non-conforming Americans. The publication highlights the federal government’s support of transgender Americans

Conversations with Women: Perspectives from Littler Boomerangs

Littler·

In this episode of our Women’s History Month podcast series, Conversations with Women , Melissa Cee, Littler’s Chief Talent Officer talks with three Littler attorneys – Lori Brown, Angela Healy, and Lisa Kathumbi – who recently rejoined the firm and how their experiences were shaped by the women who

Transgender Discrimination Claims Continue to Evolve; Employers’ Should Take Note.

Jackson Lewis P.C.·

On October 23, 2021, the Northern District of Illinois partially denied a motion to dismiss a transgender female police officer’s lawsuit, filed under federal civil rights law 42 U.S.C. § 1983 and 740 ILCS 23/5(a) of the Illinois Civil Rights Act. In Arriaga v. Dart , No. 20 C 4498,

LGBTQ+ PROTECTIONS IN THE WORKPLACE

Shaw Law Group, PC·

Federal workplace protections for LGBTQ+ employees have expanded significantly since the United State Supreme Court’s 2020 decision in Bostock v. Clayton County.

LGBTQ+ Protections in the Workplace Post Bostock - Part 2

Jackson Lewis P.C.·

As Pride month draws to a close, we turn our focus to the actual lived experience of LGBTQ+ employees in the workplace … inclusivity in action.

U.S. Department of Education Will Protect LGBTQ+ Students

Jackson Lewis P.C.·

It will fully enforce Title IX of the Education Amendments of 1972 to prohibit discrimination based on sexual orientation and gender identity in education programs and activities that receive federal financial assistance from it, the U.S. Department of Education has clarified in a Notice of Interpre

LGBTQ+ Protections in the Workplace Post Bostock

Jackson Lewis P.C.·

The Supreme Court in Bostock held that the prohibition against discrimination on the basis of “sex” includes discrimination on the basis of sexual orientation or gender identity.

Sharing Space: A Conversation About Intersectionality

Littler·

In celebration of Pride Month, Whitney Williams (L.A. – Century City) and Michael Hui (San Francisco) discuss their personal experiences growing up gay in the Black and Asian American communities, what their similar upbringings have taught them about being an attorney, and how the Littler Pride affi

Equality Act Reintroduced to U.S. Congress

Ogletree Deakins·

On February 18, 2021, U.S. Representative David Cicilline (D-RI) reintroduced the Equality Act (H.R. 5), a bill that would amend federal law (including Title VII of the Civil Rights Act of 1964) to prohibit discrimination on the basis of sexual orientation and gender identity. Although the U.S. Hous