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Showing 5 posts in Transgender Rights.

6th Circuit First Appellate Court to Declare Transgender or Transitioning Status Discrimination is Sex Discrimination Under Title VII

March 11, 2018 by Hinshaw & Culbertson LLP

In a milestone decision, the 6th Circuit Court of Appeals held discrimination based on an employee’s transgender or transitioning status violates Title VII. In addition, the court held as a matter of law that a religious employer “cannot rely on customers’ presumed biases to establish a substantial burden” under the Religious Freedom Restoration Act (RFRA). Thus, the employer’s sincerely held religious beliefs did not free it from the proscriptions of Title VII. More ›

Supreme Court Leaves Transgender Bathroom Issue Unresolved

March 10, 2017 by Mellissa A. Schafer

Gavin Grimm is a transgender boy living in Virginia.  Grimm attends school in the Gloucester County School District, which adopted a new policy requiring students to use the bathroom of their birth gender.  Previously, Grimm had been given permission to use the boys restroom and did so for almost 2 months without any incident.   After complaints from parents, the new policy was put into place. Grimm fought this new policy requesting the right to continue using the boys' restroom. More ›

The Writing is on the Wall, Yet Seventh Circuit Holds Sexual Orientation Is Not a Protected Class Under Title VII

August 4, 2016 by Hinshaw & Culbertson LLP

Earlier this week, the Seventh Circuit Court of Appeals held in Hively v. Ivy Tech Community College that Title VII does not protect employees or offer redress for discrimination based on sexual orientation.  As a result, discrimination against an employee based solely on sexual orientation is not prohibited by federal law, while discrimination against an employee based on gender non-conformity claims is prohibited. More ›

DOL Updates Federal Contractor Regulations Prohibiting Sex Discrimination for First Time Since 1970

June 16, 2016 by Hinshaw & Culbertson LLP

On Tuesday, the U.S. Department of Labor announced a final rule to expand sex discrimination guidelines for federal contractors and subcontractors. The final rule updates—for the first time in over 40 years—the Office of Federal Contract Compliance Programs' sex discrimination regulations to align them with current interpretations of Title VII of the Civil Rights Act of 1964 and the realities of today's diverse workforce. More ›

Where Do I Pee? “The Bathroom Corresponding to Your Gender Identity Says the EEOC

May 4, 2016 by Hinshaw & Culbertson LLP

Bathroom use by transgender individuals is today’s hot-button civil rights issue. The often strong and disparate opinions about the subject creates a conundrum for employers: How do we make everyone comfortable while ensuring a safe and inclusive environment? And how do we do that without violating the law? More ›

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