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by Joseph Godwin Much attention has been given recently to laws passed concerning transgender individuals’ use of public restrooms. Over the past few years, state legislatures have passed or proposed “bathroom bills” that generally require individuals to use the bathroom that corresponds to the gender listed on their birth certificate and prevent transgender individuals from […]
by Rachael L. Loughlin The case of the Gloucester County, Virginia, transgender high-school student fighting to use the restroom that matches his gender identity has been making its way through the federal court system for more than a year. Recently, the U.S. Supreme Court weighed in on the matter, adding yet another twist to the high-profile […]
by Charlie Plumb Last summer, the Occupational Safety and Health Administration (OSHA) released its “Best Practices: A Guide to Restroom Access for Transgender Workers.” In a nutshell, the OSHA publication stated that transgender employees should have access to the restroom that corresponds to their gender identity rather than to their birth gender. Presumably in response […]
by Brent E. Siler The Equal Employment Opportunity Commission (EEOC) recently filed its first lawsuits alleging that discrimination based on sexual orientation is sex discrimination under Title VII of the Civil Rights Act of 1964. While the EEOC has successfully filed sex discrimination claims on behalf of LGBT employees in the past, the recent lawsuits […]
by Rachael Luzietti After the Norfolk federal district court refused to order the Gloucester County School Board to grant the student’s request, he appealed to the U.S. 4th Circuit Court of Appeals (whose rulings apply to all Virginia employers). Recently, the appeals court reversed the district court’s decision and issued a ruling favorable to the […]
by Amanda Shelby We typically think of sex discrimination and sexual harassment as involving two employees of the opposite sex, but that unlawful activity can occur between employees of the same sex, too. Although federal law doesn’t explicitly recognize gender identity or sexual orientation as protected characteristics, several states and cities have passed ordinances prohibiting […]
As the debate over gender identity discrimination rages within the halls of state and federal governments, employers are left to wonder how the controversy will play out in the workplace. One high-profile aspect of the issue centers on North Carolina’s House Bill 2, which Governor Pat McCrory signed into law on March 23. The law […]
by Jacob Monty Monty & Ramirez, LLP On November 3, Houston voters decided the fate of a controversial equal rights law by voting against the adoption of Proposition 1, the Houston Equal Rights Ordinance (HERO). The ordinance attempted to prohibit discrimination based on sexual orientation or gender identity in city employment, services, and contracts; public accommodations; and […]
by Tony Puckett The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has announced proposed regulations updating its current sex discrimination regulations for federal government contractors and subcontractors. The proposed regulations are the first substantive update to the “Sex Discrimination Guidelines,” which the OFCCP adopted in 1970. The OFCCP’s press release […]
When the Olympian and reality TV star the world knew as Bruce Jenner announced this spring that he identifies as female rather than male, the resulting publicity put a new employment issue into focus: Controversy surrounding gender identity is more than fodder for reality TV. It also poses workplace discrimination questions as well as practical […]