The Fourth Circuit recently issued a significant decision, Williams v. Kincaid, which held that the Americans with Disabilities Act (ADA) protects individuals with gender dysphoria, becoming the first federal circuit in the country to do so.
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Gender Identity
Executive Orders Impact Federal Agencies and Government Contractors
Since taking office, President Biden has issued Executive Orders covering topics from climate change to mask mandates. Some of these new Executive Orders are aimed at eliminating discrimination and promoting equity at the federal level. These directives will likely result in new requirements for private sector companies that are government contractors or subcontractors, and could require them to revise practices and policies in order to keep, or procure new, government contracts.
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Supreme Court To Decide Whether Title VII Protects Sexual Orientation and Gender Identity
After languishing on the docket for almost a year, the United States Supreme Court agreed today to hear three cases concerning the scope of Title VII’s protections for LGBT employees. …
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California Employers: Are You Compliant with 2018’s New Laws?
The new year brings new laws for California employers to grapple with. We highlight the most significant new employment laws affecting California employers as of January 1, 2018. Companies based in California or with operations in California are encouraged to review their policies and procedures in light of these developments.
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The DOJ’s About-Face on Gender Identity Discrimination under Title VII
On October 5, 2017, Attorney General Jeff Sessions released a formal letter on behalf of the United States Department of Justice stating the DOJ’s official position that Title VII “does not prohibit discrimination based on gender identity per se, including transgender status,” officially retracting the DOJ’s previous position under the Obama Administration and setting up a direct conflict with the EEOC’s current position on the scope of Title VII.
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Executive Order Banning Discrimination By Federal Contractors Remains In Force
The Trump Administration will leave in place an executive order signed by President Barack Obama, which bans sexual orientation and gender identity discrimination by federal contractors. President Obama signed the order in 2014. By doing so, he amended and expanded previous executive orders signed by Presidents Nixon and Clinton, which ban discrimination by federal contractors on the basis race, color, religion, sex, national origin, handicap, status as a parent, and age. …
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Gender Identity in the Workplace: Best Practices
On November 3, 2015, Houston voters rejected Proposition 1, a broadly-worded human rights ordinance that would have made it illegal to discriminate on the basis of, among other things, gender identity. Opposition to that ordinance coalesced around the issue of restrooms, with many citizens expressing fear that the law would allow men to use women’s restrooms.
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EEOC Rules Title VII Prohibits Sexual Orientation Discrimination
In its recent decision in David Baldwin v. Dep’t of Transportation, EEOC Appeal No. 0120133080 (July 15, 2015), the EEOC ruled that discrimination based on sexual orientation is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, despite the fact that Title VII does not explicitly include sexual orientation or gender identity in its list of protected bases.
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OFCCP Issues Final Rule Prohibiting LGBT Discrimination For Government Contractors
The Department of Labor has announced the release of a Final Rule implementing Executive Order 13672, which prohibits discrimination based on sexual orientation and gender identity by federal contractors and subcontractors.
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OFCCP Announces Sex Discrimination Includes Discrimination on the Basis of Gender Identity and Transgender Status
Executive Order 13672 went into effect on July 21, 2014 and amended Executive Order 11246 by adding sexual orientation and gender identity to the list of protected classes. Executive Order 13672, however, applies only to contracts entered on or after July 21, 2014.
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