Sex Discrimination - Orientation And Identity

Executive Summary: The U.S. Supreme Court has held that marriage is a fundamental right, and states must perform and recognize same-sex marriage. See Obergefell v. Hodges (June 26, 2015).

The Equal Employment Opportunity Commission (EEOC) has now sued a Minnesota-based check printing company, alleging that the company illegally discriminated against a transgender employee by not letting her use the women’s restroom. The EEOC has also alleged that the company subjected the woman to a

With President Obama’s Executive Order 13672 now in full effect, federal contractors and subcontractors are prohibited from discriminating on the basis of sexual orientation and gender identity. The order highlights the importance for all employers — especially those companies that receive the billi

In “Injustice at Every Turn: A Report of the National Transgender Discrimination Survey,” published in 2011, researchers found that harassment and mistreatment at work is a near-universal experience for transgender and gender non-conforming people and that its manifestations and consequences are man

Attorney General Eric Holder has issued a memorandum directing the Department of Justice to consider claims of gender identity discrimination, including bias claims based on an individual's transgender status, cognizable under Title VII of the Civil Rights Act. Holder writes:

Executive Summary: U.S. Attorney General Eric Holder has announced that the Department of Justice (DOJ) now takes the position that Title VII's prohibition against sex discrimination includes discrimination based on gender identity, including transgender status. In a press release issued December 18

Executive Summary: The EEOC has issued new guidance on the reach of the Pregnancy Discrimination Act ("PDA") that greatly expands the protections it claims all employers must provide to pregnant employees. The two most significant new provisions of this guidance are that (1) the PDA requires that pr

Over a month after the White House first announced an impending measure preventing federal contractors from discriminating against their employees on the basis of sexual orientation or gender identity, President Obama has officially signed the Executive Order (E.O.) to achieve this end. The E.O. gen

Today, President Obama signed an Executive Order prohibiting federal contractors from discriminating against employees based on gender identity and sexual orientation. Specifically, the Executive Order amends Executive Order 11246 to add gender identity and sexual orientation to the protected catego

The White House on Monday announced that President Obama will soon issue an Executive Order (E.O.) banning certain federal contractors from discriminating against their employees on the basis of sexual orientation or gender identity. The E.O. is a means of enacting – if only for federal contractors

Since the Supreme Court's decision in United States v. Windsor holding the Defense of Marriage Act ("DOMA") to be unconstitutional, and the related guidance issued thereafter by the Internal Revenue Service (see the article linked at http://www.fordharrison.com/9530 and our previous Legal Alerts, IR

On November 7, 2013, the Senate voted to pass the Employment Non-Discrimination Act, which would prohibit employers from discriminating against LGBT employees. The biggest obstacle facing ENDA is passage in the House of Representatives, which has yet to schedule it for debate. In most states, it is

The Senate voted 61-30 to allow a final vote on the Employment Non-Discrimination Act (ENDA) (S. 815) without the threat of a filibuster. All Democrats and seven Republicans voted in favor of proceeding. Introduced by Sen. Jeff Merkley (D-OR) and co-sponsored by 55 others, ENDA would prohibit certai

During floor remarks on Monday, Senate Majority Leader Harry Reid (D-NV) announced that he intends to bring the Employment Non-Discrimination Act (ENDA) (S. 815) up for a full Senate vote in the coming weeks. Introduced in the Senate by Jeff Merkley (D-OR) and Mark Kirk (R-IL), ENDA would make it un

On August 29, 2013, the Internal Revenue Service issued Revenue Ruling 2013-17, under which same-sex couples will be treated as married for all federal tax purposes, including income and gift and estate taxes, if their marriage was legally entered into, regardless of where they reside, even if they

After months of speculation, the Internal Revenue Service published guidance on August 29, 2013 regarding the treatment of same-sex spouses under the Internal Revenue Code. In Revenue Ruling 2013-17, the IRS confirmed that it will consider a same-sex couple married for federal tax purposes if they w

On June 26, 2013, the United States Supreme Court issued a pair of opinions favorable to the gay rights movement, ruling that married same-sex couples are entitled to federal benefits and, by declining to decide a case from California, effectively allowing same-sex marriages in that state. In United