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Gender Identity

Gender Identity Bias and Employer Dress Codes

By on October 2, 2019 in Employment Discrimination, Gender Identity, Supreme Court Decisions

On October 8, the Supreme Court will hear arguments whether gender identity is a protected classification under Title VII of the Civil Rights Act, in addition to sex, race, color, religion, and national origin.  R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission, et al., No. 18-107.  Whatever the Court decides, its […]

Transgender Employee Succeeds on Hostile Work Environment Claim

By on July 12, 2019 in Gender Identity, Sexual Harassment

Although the Supreme Court has yet to opine on the issue, many jurisdictions interpret Title VII as encompassing discrimination because of gender identity (and/or sexual orientation) as discrimination because of sex. Such was the case for a former transgender corrections officer for the Arizona Department of Corrections (“ADOC”).  John Doe v. State of Arizona, No. […]

Maryland’s Equal Pay Law: Are You In Compliance?

By on July 11, 2019 in Employment Discrimination, Gender Identity, Legal Developments, Sex Discrimination, State Law

Watching the U.S. Women’s National Team play in and win the World Cup this past weekend took me right back to my own days of competitive girls’ soccer.  But nostalgia wasn’t the only thing that came to mind as the win brought additional attention to the Team’s recent lawsuit for equal pay.  That lawsuit, filed […]

Age and Wage Issues Among Many Resolved On Election Day

By on November 7, 2018 in Age Discrimination, Gender Identity, Legislative Developments, Medical/Legal Marijuana, State Law, Wage & Hour

As votes in yesterday’s elections continue to be tallied, there were several developments of interest to employers and to labor and employment practitioners alike. Age: The ADEA Applies To Public Sector Employers Of All Sizes First, yesterday morning, the Supreme Court announced its first decision of the 2018-19 term.  In a unanimous (8-0) ruling, the […]

LGBTQ Protections and Best Practices Under Title VII

By on January 11, 2018 in Employment Discrimination, Gender Identity, Sex Discrimination, Sexual Orientation

We are pleased to announce that Darrell VanDeusen and Alex Berg’s recent article on “LGBTQ Protections and Best Practices under Title VII” has been published on Lexis Practice Advisor and Law360 (subscriptions required). A copy of the article, which is intended primarily to inform employers about the current state of the law across federal appellate […]

The Saga Continues for Title VII and Transgender Identity

By on August 11, 2017 in Employment Discrimination, Gender Identity, Sex Discrimination, Sexual Orientation

Much like Star Wars fans anticipate the rolling out of Episode after Episode, I have observed the developing landscape of Title VII sex discrimination with the sort of excitement that ordinarily warrants a big tub of popcorn.  The most recent activity is no exception. Two weeks ago, we reported on the Department of Justice’s statement […]

Transgender Discrimination? He Said, She Said…

By on April 1, 2015 in Gender Identity, Sex Discrimination

On March 30, 2015, the U.S. Department of Justice filed a complaint alleging that Southern Oklahoma State University (“University”) subjected Dr. Rachel Tudor, a professor who is transgender, to unlawful sex discrimination in violation of Title VII.  The University denies the allegations. Dr. Tudor is a male-to-female transgender professor who worked as a tenure track […]