You may recall our blog post last summer recapping the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia that held discrimination based on sexual orientation is prohibited by Title VII. After that decision, we encouraged each of you to update your EEO and harassment policies, update your application forms and websites, train your
Pay the Man! (Or Woman)—But Differently? 11th Circuit Reinstates Sex Discrimination Pay Claim
When you promote someone into a position, do you have to pay him what you paid his predecessor? As with so many things – it depends. Can you pay less if the promotee has less experience and a lower prior salary than the predecessor? Maybe. However, if the new promotee is a female replacing a
Alabama Employers Take Note – Birmingham Joins Ranks of Cities with an Anti-Discrimination Ordinance
Last month, the Birmingham City Council passed an ordinance criminalizing discrimination in education, housing, employment, and public accommodations. The ordinance not only prohibits discrimination based on the federally protected categories of race, sex, national origin, and disability, but it also recognizes familial status (i.e., having minor children), sexual orientation, and gender identity as protected categories.
I Wish They All Could Be California Non-Binary: Governor Brown Signs Law Approving New Gender Status
Male and female are no longer the only gender identifiers available, at least in two states. California’s Gov. Jerry Brown has signed into law the Gender Recognition Act which (1) allows individuals to identify as non-binary and (2) makes it easier for individuals to change their gender identifier in certain state records. In the past,
Sessions Changes DOJ Course on Title VII Enforcement for Transgender Issues
U.S. Attorney General Jeff Sessions issued a memo to all U.S. Attorneys revising how the Department of Justice will address gender identity claims under Title VII. In 2014, the Obama Administration DOJ stated that gender identity discrimination, including that against transgender individuals, was illegal under Title VII’s prohibition against sex discrimination. AG Sessions’ memo reversed
What Employers Can Expect from the New Administration – Part 2: Immigration, the Affordable Care Act & Social Issues
In our second in a three-part series on what to expect from the Trump administration, we discuss immigration policy and the Affordable Care Act (ACA), as well as what may be in store for parental leave, marriage equality and transgender bathrooms.
1. Immigration
During the campaign, Mr. Trump signaled that his administration would take a
Add Another Box: Oregon Judge Allows Citizen to Classify Gender Identity as “Non-Binary”
Judge Amy Holmes Hehn of Portland, Oregon has added yet another option in gender classification by granting Jamie Shupe’s request to switch sexes from female to non-binary. Shupe was assigned the gender of male when born, but began transitioning to female in 2013. However, Shupe never fully identified as either male or female and
Bathrooms, Cakes, Wedding Poetry and DJs—Delving Into the North Carolina and Mississippi Laws on Transgender Issues
In the last several weeks, North Carolina and Mississippi have passed laws about transgender rights that have garnered headlines across the country. Although both touch on issues of transgender rights, they are actually very different. While there is a lot of general discussion about the public policy behind such laws, employers would be wise to
Call Me Rachael: New York City Issues New Guidance on Gender Identity Rules
New York City’s Commission on Human Rights issued a document entitled “Legal Enforcement Guidance on the Discrimination on the Basis of Gender Identity or Expression: Local Law No. 3” on December 21. The Commission enforces the City’s ban on discrimination in public accommodations, housing and employment based on gender.
Gender is defined as a person’s
Know Where to Go When You Gotta Go: OSHA Releases “Best Practices” on Restroom Access for Transgender Workers
Earlier this month, OSHA published a Guide to assist employers who may have questions about providing bathroom access to transgender employees. The brief Guide notes that studies show there are an estimated 700,000 adults in the U.S. who consider themselves to be transgendered. OSHA states that restricting those employees to use restrooms who are not