Federal Employment Law Articles

Sex Discrimination - Orientation And Identity

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

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Biden’s EO Expands Title IX to Prohibit LGBTQ Discrimination

Jackson Lewis P.C.·

The Biden administration’s Executive Order 13988, “ Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation ,” expands prohibited forms of sex discrimination under Title IX of the Education Amendments of 1972 and Title VII of the Civil Rights Act of 1964 to incl

President Biden Signs Executive Order Combating Discrimination Against the LGBTQ+ Community

FordHarrison·

Executive Summary : Within hours of his inauguration on January 20, 2021, President Biden signed his Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. The Executive Order establishes the new administration’s policy prohibiting discrimin

Developments to Monitor in 2021: LGBTQ+ Rights and Freedom of Religion in the Workplace

Jackson Lewis P.C.·

As 2021 begins, Jackson Lewis is again providing “The Year Ahead for Employers” to clients. This comprehensive report covers all aspects of employment law and highlights 2020 issues, trends, legislative and regulatory activity, and litigation that employers need to be aware of and what to look out f

Race and Sex Stereotyping Executive Order Subject to Preliminary Injunction

Ogletree Deakins·

Some anticipate that President-elect Joseph Biden will revoke the Trump administration’s Executive Order (EO) 13950 that restricts the content of certain diversity-related workplace trainings. On December 22, 2020, the United States District Court for the Northern District of California issued a nat

Unconscious Bias Training Still Permissible Under President Trump's Diversity Training Executive Order

FordHarrison·

On September 22, 2020, President Trump signed Executive Order 13950, Combating Race and Sex Stereotyping (the “EO”), which indicates that it seeks to “combat offensive and anti-American race and sex stereotyping and scapegoating,” and end so-called “divisive concepts” promulgated in workplace employ

What Does President Trump's Executive Order on Combating Race and Sex Stereotyping Mean for Government Contractors?

FordHarrison·

On September 22, 2020, President Trump signed Executive Order 13950, Combating Race and Sex Stereotyping (the “EO”), which seeks to “combat offensive and anti-American race and sex stereotyping and scapegoating,” and end so-called “divisive concepts” covered in some of these workplace trainings.

Additional Information Released on ‘Combating Race and Sex Stereotyping’ Order; ‘Hotline’ Established

Jackson Lewis P.C.·

Following the “Combating Race and Sex Stereotyping” Executive Order (EO), which requires the Office of Federal Contract Compliance Programs (OFCCP) to set up a hotline and investigate complaints of violations, OFCCP has issued a press release providing additional information and reporting the launch

Providing Benefits to LGBTQA+ Employees After Bostock

Littler·

San Francisco Littler attorneys Julie Stockton and Courtney Chambers address gender identity and sexual orientation issues in the workplace. In this episode they are joined by Anne Sanchez LaWer, an employee benefits attorney in Littler’s San Jose office, as they discuss the implications of the rece

Protections Under Title VII

Littler·

In this first of a series of podcasts, San Francisco Littler attorneys Julie Stockton and Courtney Chambers explain Bostock v. Clayton County , the U.S. Supreme Court decision recognizing protections for gay, lesbian, and transgender individuals under Title VII of the Civil Rights Act, as well as ou

Practical Questions for Employers Following the Bostock Decision, Part 3: Pronouns and Honorifics

Ogletree Deakins·

On June 15, 2020, the Supreme Court of the United States issued its decision in Bostock v. Clayton County, Georgia , holding that, pursuant to Title VII of the Civil Rights Act of 1964, covered employers may not discriminate against applicants or employees on the basis of sexual orientation or gende

Practical Questions for Employers Following the Bostock Decision, Part 1: Sex-Segregated Facilities

Ogletree Deakins·

On June 15, 2020, the Supreme Court of the United States issued its decision in Bostock v. Clayton County, Georgia , holding that, pursuant to Title VII of the Civil Rights Act of 1964, covered employers may not discriminate against applicants or employees on the basis of sexual orientation or gende

Health Plans Post-Bostock: Mixed Signals on Sex Discrimination?

Ogletree Deakins·

Most employer-sponsored health plans will be exempt from the primary Affordable Care Act (ACA) provision governing race, color, age, sex, disability, and national origin discrimination under new final rules issued by the U.S. Department of Health and Human Services (HHS). Only plans (or other covere

‘But-For’ Causation Under Bostock

Ogletree Deakins·

The recent Bostock v. Clayton County, Georgia decision, in which the Supreme Court of the United States ruled that an employer that fires an individual for being gay or transgender violates Title VII of the Civil Rights Act of 1964, has received a tremendous amount of attention. The Court’s decision

Supreme Court Justices Dissent: The Opposition to Extending Title VII’s Protections to Gay and Transgender Employees

Ogletree Deakins·

On June 15, 2020, the Supreme Court of the United States, in a 6-3 decision, held Title VII of the Civil Rights Act of 1964’s prohibition of sex discrimination encompassed discrimination against gay and transgender individuals. Two dissents followed the majority’s opinion—Justice Samuel Alito, Jr.’s

In Landmark Decision, Supreme Court Rules That Title VII Prohibits Employment Discrimination of Gay and Transgender Individuals

Ogletree Deakins·

On June 15, 2020, the Supreme Court of the United States held that Title VII of the Civil Rights Act of 1964’s prohibition of sex discrimination encompasses discrimination against gay and transgender individuals. Justice Neil Gorsuch authored the 6-3 majority opinion and was joined by Chief Justice

Supreme Court Rules that Gay, Lesbian, and Transgender Individuals Are Protected Under Title VII of the Civil Rights Act

Littler·

On June 15, 2020, the U.S. Supreme Court published its opinion resolving three cases, Zarda v. Altitude Express, Inc., Bostock v. Clayton County, and EEOC v. R.G. &. G.R. Harris Funeral Homes, Inc.

Supreme Court Rules That Title VII Protects LGBTQ From Employment Discrimination

CDF Labor Law LLP·

By: Supreme Court Rules That Title VII Protects LGBTQ From Employment Discrimination This morning, the United States Supreme Court issued its opinion (authored by Trump appointee Neil Gorsuch) holding that Title VII’s protections against sex discrimination in the workplace apply to LGBTQ employees.

Title VII Prohibits Gay and Transgender Discrimination, SCOTUS Rules

Ogletree Deakins·

On June 15, 2020, the Supreme Court of the United States ruled, in a 6-to-3 decision, that Title VII of the Civil Rights Act of 1964 prohibits employers from firing workers for being homosexual or transgender.

Pending State Bills Propose to Limit Ability of Transgender Student-Athletes to Compete

Jackson Lewis P.C.·

Several states have introduced legislation to require transgender student-athletes at the elementary and secondary school levels to compete based only on their sex assigned at birth, not based on their gender identity.

Ninth Circuit Hears Oral Argument in Gender Bias Case

Jackson Lewis P.C.·

Whether a gender bias case can proceed as a class action is the question the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, will decide.