Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: Gender Identity

Gender identity not covered by Missouri Human Rights Act, court says

Posted in Discrimination, Gender Identity Discrimination, Sexual Orientation
Last week, the Missouri Court of Appeals issued an opinion holding that gender identity is not covered by the prohibition on sex discrimination in the Missouri Human Rights Act. The opinion builds on a 2015 opinion from the same court, which held that sexual orientation was not covered under the MHRA. Last week’s opinion arose from… Continue Reading

Weekly catch-up

Posted in California FEHA, Discrimination, Gender Identity Discrimination, Politics, Wage-Hour
Overtime rule – what’s the Trump Administration doing? Last Friday, I posted about the U.S. Department of Labor’s brief in the case challenging the Obama Administration’s overtime rule, which has been enjoined since November 2016. The Trump DOL position had me scratching my head because it sounded an awful lot like the Obama DOL position,… Continue Reading

Happy 45th birthday, Title IX: You’ve changed a bit over the years

Posted in Discrimination, Gender Identity Discrimination, Harassment, Politics, Sexual Torts
LaLonnie wrote this post with Sandra Sok, who is clerking for the summer in our Denver Office. Sandra is a rising second-year student at the University of Colorado Law School. Before starting law school, she worked as a paralegal while earning her undergraduate degree from the University of California, Irvine. A law was born.  On June 23,… Continue Reading

It’s SUMMER! Top 4 ways employers can get burned

Posted in Gender Identity Discrimination, Harassment, HR, Wage-Hour, Workers' Compensation
We officially entered the season of summer this week. What are the most common ways employers can get burned? I can think of four right off the bat. (In the 1960s, melanoma was cool.) Sexist air conditioning. It seems like a long time since we’ve read anything about this employment law “issue.” The idea was that… Continue Reading

Gender dysphoria: Is it an ADA-protected disability?

Posted in Americans with Disabilities Act, Gender Identity Discrimination
As our readers know, discrimination against transgender individuals is often treated as sex discrimination under Title VII, as a form of unlawful “sex stereotyping.” But is it also a “disability” within the meaning of the Americans with Disabilities Act when an individual identifies with a gender other than his or her biological one? Transgender individuals… Continue Reading

Fair Pay & Safe Workplaces Rule is on the chopping block

Posted in Affirmative Action, Elections, Gender Identity Discrimination, Politics, Sexual Orientation
In good news for federal contractors, Congress has taken its first step toward permanently blocking implementation of the Fair Pay & Safe Workplaces Rule, also known as the contractor “Blacklisting” Rule.  As we have discussed previously, the Rule (which includes regulations and guidance implementing President Obama’s Executive Order 13673) requires federal contractors bidding on contracts worth… Continue Reading

President Obama’s labor and employment legacy

Posted in Affirmative Action, Discrimination, Elections, Equal Pay, Gender Identity Discrimination, HR, Labor Relations, Politics, Protected Concerted Activity, Same-sex marriage, Sexual Orientation, Social media, Wage-Hour
NOTE FROM ROBIN: A portion of Jill’s remarks below appeared Tuesday morning in Law360 (paid subscription required). Notwithstanding what might happen over the next four (or eight) years, there is no question that President Barack Obama has left his mark on labor and employment law in some very important ways. Even if President-Elect Trump’s administration… Continue Reading

Nitpicking the EEOC’s proposed guidance on harassment

Posted in Discrimination, Gender Identity Discrimination, Harassment, Sexual Orientation
This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It’s 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from the public until February 9, so I will start with the comment-worthy provisions. Next week, I’ll post about… Continue Reading

Restroom use “catch 22” for transgender individuals violates Title VII, court says

Posted in Discrimination, Gender Identity Discrimination, Settlements
Roberts v. Clark County (NV) School District involved a female-to-male transgender police officer. Although the School District later changed its policy, when Bradley Roberts first told the District in 2011 that he was presenting as a male, he was told that he could not use the men’s room until he submitted proof of gender reassignment surgery.… Continue Reading

The EEOC’s defeat in Detroit: Pants, skirts, gender identity, and religion

Posted in Discrimination, Gender Identity Discrimination
UPDATE (10/17/16): As expected, the EEOC has appealed the District Court’s decision described below to the U.S. Court of Appeals for the Sixth Circuit. Last week, I reported that summary judgment was granted against the Equal Employment Opportunity Commission in its transgender discrimination lawsuit against R.G. and G.R. Harris Funeral Homes, linked to the decision… Continue Reading

Massachusetts expands protections to transgender individuals

Posted in Discrimination, Gender Identity Discrimination
As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use gender-segregated locations (such as restrooms and locker rooms) consistent with their gender identity. Any place that is open to and accepts or solicits… Continue Reading

Notes from the Industry Liaison Group National Conference

Posted in Affirmative Action, Discrimination, Equal Pay, Gender Identity Discrimination, Harassment, Sexual Orientation
The 2016 Industry Liaison Group National Conference was held last week in Charlotte, North Carolina. Sylvia Smith, an Affirmative Action Specialist from our firm’s Atlanta Office, and I had the pleasure and privilege of attending and presenting this year. The headliners, as usual, were Patricia Shiu, Director of the Office of Federal Contract Compliance Programs, and… Continue Reading

Huh? Title VII and sexual orientation bias, revisited

Posted in Discrimination, ENDA, Gender Identity Discrimination, Same-sex marriage, Sexual Orientation
UPDATE (10/14/16): The Hively decision discussed below was issued by a three-judge panel of the Seventh Circuit. This week, the full Seventh Circuit set aside the decision and agreed to rehear the case with all of the judges participating. Here is a copy of the order.  The U.S. Court of Appeals for the Seventh Circuit… Continue Reading

3, 2, 1, blastoff! OFCCP Final Rule on sex discrimination is about to take effect

Posted in Affirmative Action, Discrimination, Gender Identity Discrimination, Harassment, Pregnancy
The OFCCP’s Final Rule on sex discrimination will take effect August 15. Are you ready? On June 14, the Office of Federal Contract Compliance Programs issued its Final Rule on sex discrimination. These new substantive regulations align with the latest legal developments and interpretations by the Equal Employment Opportunity Commission. Cara Crotty, the head of… Continue Reading

Light reading for your Fourth of July weekend

Posted in Constangy News, Discrimination, Drug Testing, FOCUS, Gender Identity Discrimination, Labor Relations, Lawyers!, Retaliation, Safety
Well, maybe not light reading, but good reading about good news that you won’t want to miss! Here are our bulletins and other publications from the last week, in case you missed them: *Heather Owen is already shooting off Fourth of July fireworks at the FOCUS women’s leadership blog because our firm was named this week by the National… Continue Reading

Your summer labor and employment reading list — for this week, anyway

Posted in Affirmative Action, Discrimination, FOCUS, Gender Identity Discrimination, Labor Relations, Pregnancy
I was on vacation last week, and so we have a lot of catching up to do. Here’s what’s been going on, from most to least recent: *David Phippen has been keeping us up to date on the U.S. Department of Labor’s Persuader Rule and what that will mean for employers. On Wednesday, a federal judge in… Continue Reading

BREAKING: North Carolina sues USDOJ over bathroom law

Posted in Discrimination, Gender Identity Discrimination
Law360 reported this morning that the State of North Carolina has filed suit against the U.S. Department of Justice in federal court in Raleigh. The suit seeks a declaratory judgment (official ruling from the court) that, by enforcing HB 2’s provisions regarding “bathroom use and changing facility use by state employees,” the state is not in violation of Title… Continue Reading

EEOC posts fact sheets on LGBT discrimination, transgender issues

Posted in Discrimination, ENDA, Gender Identity Discrimination, Harassment, Settlements, Sexual Orientation
The Equal Employment Opportunity Commission has published a new Fact Sheet on LGBT discrimination that employers will find helpful. As I’ve reported before here and here, the agency is taking an aggressive position regarding coverage of LGBT issues under Title VII’s sex discrimination provisions. The EEOC’s fact sheet, as well as other materials linked in it,… Continue Reading

A whole bunch of nothing: Five takes on Gov. McCrory’s “walkback” of N.C. HB 2

Posted in Discrimination, Employment at Will, Gender Identity Discrimination, Sexual Orientation
NOTE FROM ROBIN: As you know, my main collaborator on HB2-related developments has been my law partner, Jon Yarbrough, who is in our firm’s Asheville Office. Jon has offered his thoughts about Executive Order No. 93, which Gov. Pat McCrory (R) signed yesterday. My initial thought is that Executive Order No. 93 is a whole bunch of nothing cloaked… Continue Reading

Suit seeks to block N.C. “bathroom bill”

Posted in Discrimination, Employment at Will, Gender Identity Discrimination
Of significance to employers, the bill, which was signed into law last Wednesday, eliminates the common-law cause of action for wrongful discharge based on “EEO” discrimination. I talked about that here. Here is a copy of the lawsuit, filed today in federal court in Greensboro, North Carolina. The plaintiffs are three individuals (two transgender men… Continue Reading