Sunday, July 5, 2026Labor & Employment Law
Employment Law Information Networklocated at elinfonet.com since 200150+ results for “identity”
HR Headlines
What if AI's biggest disruption isn't your job, but your identity? The answer may explain why so many professionals feel unsettled about a future that hasn't arrived yet.
Law Firm News
Michelle Phillips discusses evolving legal obligations related to gender identity in the workplace and compliance considerations in "Misgendering at Work: More Than a Compliance Issue," published by SHRM.Subscription may be required to view article
Georgia - General
Labor & Employment World Cup 2026: Atlanta, Georgia v. Spain on Non-Discrimination Protections Kickoff: Getting to Know the Spanish National Team Spanish football is often understood through one simple idea: the team comes first. The Spanish national team has built much of its identity around technical quality, patience on the ball and a way of playing that depends on coordination rather than isolated moments. When Spain plays well, the game can look calm from the outside, but that calmness…
Multinational Employers
Labor & Employment World Cup 2026: Team Portugal Heads to Texas Kickoff: Getting to Know Team Portugal Portugal’s football (or soccer, for our American hosts) identity combines technique, creativity, and a deeply emotional connection between the team and its supporters. Portugal is a country that lives football intensely: we are an emotional, warm, and passionate people, who hold out hope of victory until the very end – even when the match becomes difficult or when time appears to be runnin…
HR Headlines
New research finds 68% of candidates want a hiring process that deprioritizes resumes. Do HR teams and employers agree? The post AI is devaluing resumes, masking identity of top talent, research finds appeared first on HR Executive .
HR Headlines
A reader writes: This happened a few years ago, and I’m over it (mostly), but I’d love to hear your perspective and how it could have been handled differently. I work in a competitive passion field, usually nonprofit. It’s standard to do unpaid internships and volunteering to get experience. I’d been working full time for […] The post I didn’t get a job because someone mixed up my identity appeared first on Ask a Manager .
Multinational Employers
A flurry of employment law reforms in the United Arab Emirates—a business-friendly area that remains firmly rooted in traditional values and national identity—in recent years has caught the attention of multinational employers and expatriates alike, but do these changes represent a genuine shift tow
Sexual Harassment - General
In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) and Nonnie Shivers (office managing shareholder, Phoenix) discuss the EEOC’s January 2025 vote to rescind the Biden-era anti-harassment guidance, which had addressed gender identity issues including pronouns,
HR - Hiring Process
Figuring out that you hired the wrong person is always jarring. But what if the “wrong person” was never who they said they were at all? When an employer discovers that a current employee has misrepresented their identity—whether by applying using a stolen name and Social Security number, misreprese
Sex and Gender Discrimination
\\\\t The EEOC voted 2-1 to rescind its 2024 harassment guidance over concerns that the guidance exceeded Title VII authority and to comply with President Trump’s executive order regarding gender identity issues.
Sex and Gender Discrimination
On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind anti-harassment guidance issued in 2024 under the Biden administration, which included guidance related to issues of gender identity discrimination and harassment against LGBTQ+ individuals. With a quor
New York - General
Limited Exceptions – Only narrow carve-outs for employer liability in grave injury cases or unknown identity, allowing 120 days post-discovery
Sex and Gender Discrimination
In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Tae Phillips (shareholder, Birmingham), Jim Paul (shareholder, St. Louis/Tampa), and Scott Kelly (shareholder, Birmingham) continue their discussion of the EEOC’s evolving enforcement priorities—with a
Pennsylvania - General
TakeawaysNondiscrimination provisions covering employment, housing and public accommodations take effect 12.23.25.Joining a state trend to fill perceived gaps in state and federal protections, the ordinance expands protections based on gender identity, gender expression, and more.The new Chester Cou
HR - Diversity, Equity and Inclusion (DEI)
Federal Court Partially Blocks Enforcement of Parts of Executive Orders on DEI and Gender Identity On June 9, 2025, the U.S. District Court for the Northern District of California issued a ruling in San Francisco AIDS Foundation v. Trump , temporarily blocking the enforcement of several provisions i
Sex Discrimination - General
On May 15, 2025, the district court for the Northern District of Texas issued an order vacating the gender-identity portions of the EEOC’s 2024 Enforcement Guidance. In the order, District Judge Matthew J. Kacsmaryk stated that all language defining “sex” under Title VII to include “sexual orientati
Sex and Gender Discrimination
TakeawaysA federal court in Texas vacated the gender identity portions of the EEOC’s harassment guidance.Uncertainty remains about issues like sex-designated restrooms and personal pronouns, but employers should continue to require employees to treat everyone with respect.Employers also should consi
Sex and Gender Discrimination
On May 15, 2025, a federal court vacated portions of the U.S. Equal Employment Opportunity Commission’s (EEOC) workplace harassment guidance , specifically, guidance on harassment based on sexual orientation and gender identity. The court vacated portions of the EEOC’s enforcement guidance because t
Iowa
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Iowa
On February 28, 2025, Iowa Governor Kim Reynolds signed legislation making the state the first to remove antidiscrimination protections for gender identity from its civil rights code.
HR - Diversity, Equity and Inclusion (DEI)
Recent executive orders on “illegal diversity, equity, and inclusion” and related agency actions impact how all employers approach issues of gender identity in the workplace. After stating in his inaugural address that the United States government’s official policy would be that “there are only two
Sex and Gender Discrimination
On January 28, 2025, Andrea Lucas (R), the acting chair of the Equal Employment Opportunity Commission, issued a statement outlining her views on gender identity in the workplace, and listing a series of actions she has taken to “return” the agency “to its mission protecting women from sex-based dis
HR - General
When President Biden withdrew from the 2024 presidential campaign last month and endorsed Vice President Kamala Harris to be the Democratic Party’s nominee, the move resulted in several historical firsts. It also placed a swift focus on intersectionality and identity politics as tensions mount in th
Sex Discrimination - Orientation And Identity
Two cases show that courts consider alleged harassment or discrimination based on transgender or cisgender status to be colorable under Title VII of the Civil Rights Act.
Sex Discrimination - Title IX
U.S. Department of Education issued final Title IX regulations governing sex discrimination complaints involving educational institutions. The regulations clarify terms, expand the geographical scope of Title IX, amend the investigation process, and include sexual orientation, gender identity, and p
HR - Workplace Investigations
Employers often find it challenging to determine how much information to provide witnesses and respondents during workplace investigations. Do respondent employees have a right to know the substance of the complaint against them and/or the identity of their accuser?...
Immigration - General
Employers use the form I-9 to verify the identity and legal authorization to work of all paid employees in the United States. Unfortunately, it is not always easy to properly and timely complete the I-9, and significant liability can result from getting it wrong. We address some common form I-9 comp
Sexual Harassment - General
The U.S. Equal Employment Opportunity Commission (EEOC) recently released proposed guidance seeking to clarify that harassment and discrimination based on LGBTQ+ status—including intentional misgendering, repeated use of incorrect pronouns, or denial of access to the bathroom consistent with one’s g
New York - General
During a busy term at the New York Legislature, Governor Kathy Hochul signed legislation prohibiting captive audience meetings, categorizing wage theft as larceny, and expanding protection of “gender identity or expression” to interns.
HR - General
As was previously reported , employers have until August 30, 2023, to conduct in-person physical verification of identity and employment eligibility documentation for all employees who were onboarded using remote virtual verification between March 20, 2020 and July 31, 2023. Employers have been rais
Sex Discrimination - Orientation And Identity
Michelle Phillips comments on the U.S. Supreme Court's decision to not take a case to determine if the Americans with Disabilities Act protects transgender people who experience distress caused by their gender identity not matching their sex assigned at birth in "Gender Dysphoria Poised to Be New Di
HR - Viruses
Executive Summary: COVID-19 flexibilities for I-9 document inspection will sunset on July 31, 2023, and U.S. Immigration and Customs Enforcement (ICE) is allowing an additional 30 days to complete physical inspection of documents for employees who previously completed the I-9 process remotely during
Sex Discrimination - Orientation And Identity
It’s Pride Month, and with key pieces of legislation impacting sexual orientation and gender identity issues pending in Florida, Tennessee, Texas, and before the United States Supreme Court, employers need to understand the employment implications of these bills.
Michigan
On March 8, 2023, the Michigan House of Representatives passed a bill ( S.B. 4 ) expanding the language of the Elliott-Larsen Civil Rights Act (ELCRA)’s protected categories to include sexual orientation and gender identity or expression as prohibited categories for discrimination. The state senate
HR - General
The post-pandemic “new normal” is still in flux, stress-testing workplace identity and other issues faster than ever. Here are the employment and labor law trends and tactics sure to shape the new year.
Immigration - Employment Eligibility
This week, US Citizenship & Immigration Services (USCIS) announced a policy change that allows employers to accept a receipt notice for a naturalization application along with an expired Permanent Resident Card (a/k/a Green Card) as evidence of employment authorization and identity. According to USC
Virginia
The Virginia Department of Education issued new 2022 Model Policies pursuant to Virginia School Code § 22.1-23.3 that reverse the 2021 Model Policies.
Sex Discrimination - Orientation And Identity
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
Immigration - Employment Eligibility
The July 31, 2022 deadline is rapidly approaching for employers to update the Forms I-9 of employees who presented an expired List B document (establishing the individual’s identity) between May 1, 2020 and April 30, 2022. As you may remember, the Department of Homeland Security (DHS), through the U
Immigration - Employment Eligibility
The Department of Homeland Security (DHS) is considering making a change which would permanently allow the flexibility it has extended over employers’ verification of employees’ identity and employment eligibility since March 2020. Historically, Form I-9 has required employers to physically inspect
Immigration - Employment Eligibility
As of May 1, 2022, employers can no longer accept expired List B documents for Form I-9 Employment Eligibility Verification purposes, and any expired List B documents that were previously accepted must be updated by July 31, 2022 . Allowing employees to present these expired documents was a temporar
Immigration - Employment Eligibility
So, more COVID-19 related developments, but this time related to Form I-9 compliance. The federal Department of Homeland Security announced recently that beginning on May 1, 2022, employers may no longer accept expired identity documents (listed in “List B” of the “ Lists of Acceptable Documents ” o
Immigration - Employment Eligibility
Employers know they must confirm the identity and work authorization of each new hire by completing a Form I-9.
North Carolina - General
Joining a host of communities in North Carolina, the Charlotte City Council has unanimously passed an ordinance to add nondiscrimination protections for sexual orientation, gender identity, gender expression, familial status, veteran status, pregnancy, and natural hairstyle .
Sex Discrimination - Orientation And Identity
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
Sex Discrimination - Orientation And Identity
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.
Immigration - Employment Eligibility
Early in the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) authorized U.S. employers with employees who are taking physical proximity precautions to remotely inspect identity and work authorization documents when completing Form I-9, Employment Eligibility Verification, rather th
Sex Discrimination - Title IX
On March 8, 2021, President Joe Biden signed the “Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” making clear his administration’s intention to implement changes to the regulations issued on M
Sex Discrimination - Orientation And Identity
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
Sex Discrimination - Orientation And Identity
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