VA student’s transgender bathroom case will not pass ‘Go’ . . . yet

May 14, 2017 0 COMMENTS

by Rachael L. Loughlin

Transgender issues continue to be one of the hottest areas of the law today. Recent actions by the Trump administration backing away from the Obama administration’s forceful advocacy of transgender rights may have come as no surprise. Nonetheless, they certainly didn’t help clarify the law. In fact, if anything, the Trump administration’s backtracking has made things even more uncertain by pitting the interpretation of federal law banning sex discrimination in schools (Title IX of the Education Amendments of 1972) against federal law prohibiting sex discrimination in employment (Title VII of the Civil Rights Act of 1964) and by delaying critical guidance from the U.S. Supreme Court in a Virginia transgender student’s case.  All Gender Restroom

Issue in Grimm’s lawsuit

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U.S. Supreme Court to consider transgender restroom lawsuit

January 15, 2017 0 COMMENTS

by Ryan B. Frazier

During the 1990s, Saturday Night Live, a popular TV sketch comedy show, featured a recurring gender-ambiguous character, Pat. The gag in Pat’s comedy sketches often involved others’ failed attempts to determine the seemingly androgynous character’s gender. The skits played off the then-prevailing view that a person’s gender falls into one of two categories: male or female.  Gender transition concept

Society’s view of gender has evolved significantly since then. The rigid dichotomy of a two-gender world view is frequently challenged and, in some cases, rejected outright. As society’s views on gender morph, the law is attempting to keep pace.

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What’s gender identity got to do with work?

December 18, 2016 0 COMMENTS

by Amanda M. Jones

From Bruce Jenner’s announcement that he was transitioning to become a woman named “Caitlyn” to North Carolina’s passage of a so-called bathroom bill requiring schools and public agencies to restrict bathroom use to the facility corresponding to a person’s biological sex at birth, gender identity issues have become the subject of significant policy debate, lawsuits, and mainstream conversation. Gender identity is also increasingly becoming a more prevalent issue in our workplaces.  Gender Identity

Is transgender discrimination in employment illegal?

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Target to spend millions on single-stall bathrooms

December 18, 2016 0 COMMENTS

by Ryan Olson

Target recently announced that employees and customers at its stores may use the public restroom that corresponds with their gender identity. Now, amid criticism of its transgender bathroom policy by some customers, the company has said that it will spend $20 million to make single-stall bathrooms available in every store. Target Logo on Shopping Cart

Controversial policy. In an effort to reiterate its inclusive environment and experience, Target announced in April 2016 that its employees and customers may “use the restroom or fitting room facility that corresponds with their gender identity.” Target’s new policy was met with mixed results, however. For example, a conservative Christian organization has collected more than 1.4 million signatures from people promising to boycott Target in response to its restroom policy. Nonetheless, other retailers have echoed Target’s bathroom policy.

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How do ‘bathroom bills’ affect employers in other states?

October 16, 2016 0 COMMENTS

U.S. Supreme Court puts transgender bathroom case on hold

August 09, 2016 4 COMMENTS

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 case.  Transgender Sign

A recap of the lawsuit

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EEOC issues bathroom guidelines for transgender employees

July 17, 2016 0 COMMENTS

4th Circuit ruling favors transgender student

May 27, 2016 0 COMMENTS

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 student.  Transgender Sign

A recap of the lawsuit

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Sex stereotyping, same-sex harassment, and transgender issues in the workplace

May 15, 2016 0 COMMENTS

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 adverse action on the basis of gender identity and sexual orientation. Additionally, in its 2013-16 Strategic Enforcement Plan, the Equal Employment Opportunity Commission (EEOC) emphasized the emerging issue of LGBT rights in the workplace. Gender Identity

A brief overview of the law

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Gender identity in the workplace: Employers face emerging discrimination issue

July 19, 2015 0 COMMENTS

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 dilemmas such as restroom access. Transgender Bathroom

Although Title VII of the Civil Rights Act of 1964 doesn’t specifically address gender identity, more and more that granddaddy of discrimination laws is being interpreted as prohibiting discrimination based on gender identity. In December 2014, a memorandum from then U.S. Attorney General Eric Holder stated: “I have determined that the best reading of Title VII’s prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status.” He went on to say that the U.S. Department of Justice “will no longer assert that Title VII’s prohibition against discrimination based on sex does not encompass gender identity per se, including transgender discrimination.”

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