Gender Identity Archives - Kollman & Saucier P.A.

Second Circuit Turns Down Employee’s Claim of Wrongful Termination for Refusal to Attend LGBTQ Bias Training Session

Vincent Jackson

05/18/2023

Gender Identity, Hostile Work Environment, Religious Discrimination, Sexual Orientation

A recent case from the Second Circuit illustrates the growing tension between religious discrimination claims and protection of LGBTQ rights under Title VII. In Zdunski v. Erie 2-Chautauqua-Cattaraugus BOCES, the Second Circuit affirmed a lower court’s decision granting summary judgment against an employee who alleged that, by being forced to attend mandatory LGBTQ anti-discrimination trainings, he was subject to religious discrimination. The...

Darrell VanDeusen

08/25/2022

Disability & Leave, Gender Identity

The issue of federal protection for gender identity was, it seemed, resolved with the Supreme Court’s decision in Bostock v. Clayton County, 590 U.S. ___, 140 S. Ct. 1731 (2020), which held that Title VII’s definition of sex includes a prohibition of discrimination against gay and transgender individuals. The LGBTQ community (along with many others) applauded this decision. And it is settled law. But are other protections available to the...

Kollman & Saucier

02/19/2021

Employment Discrimination, Gender Identity

Though Maryland workers have been protected from gender identity discrimination under State law since 2014, it wasn’t until last year that the Supreme Court made clear employees are protected under federal law too. You can read about the landmark Title VII decision, Bostock v. Clayton County, No 17-1618 (U.S. June 15, 2020), here. A recent district court decision offers useful guidance about the circumstances courts in this jurisdiction may...

Frank Kollman

10/02/2019

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 opinion could have a profound impact on dress codes in the workplace. The case before the Court...

Kollman & Saucier

07/12/2019

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. CV-18-00384-PHX-GMS (D. Ariz. 7/8/19). Mr. John Doe, a transgender male,...

Kollman & Saucier

07/11/2019

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 in March, generally alleges that the players on the Women’s National Team (“WNT”) are paid less than the players on...

Kollman & Saucier

11/07/2018

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 Court held in Mount Lemmon Fire District v. Guido that the Age Discrimination in Employment Act...

Randi Klein Hyatt

01/11/2018

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 courts and to provide practical pointers to businesses who face LGBTQ issues in the workplace, can be...

Kollman & Saucier

08/11/2017

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 that sexual orientation is not – nor should be – a protected category under Title VII. Last week, the...

Darrell VanDeusen

03/29/2016

Gender Identity, Legislative Developments, Sexual Orientation, State Law

I went to law school in North Carolina. My daughter went to college there, at a school that uses a lighter color blue than the one I went to. I have family members and dear friends who have lived in North Carolina for decades. I mention this because I love the state of North Carolina. Maybe just not some (many) of its legislators, or at least 82 of them. As I heard the author John Irving say just this past week: “if you must practice...

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Second Circuit Turns Down Employee’s Claim of Wrongful Termination for Refusal to Attend LGBTQ Bias Training Session

Fourth Circuit: ADA Protection for Gender Dysphoria

Maryland Federal Court Rules Transgender TGI Friday’s Cook Can Proceed To Trial On Bias Claims

Gender Identity Bias and Employer Dress Codes

Transgender Employee Succeeds on Hostile Work Environment Claim

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

Age and Wage Issues Among Many Resolved On Election Day

LGBTQ Protections and Best Practices Under Title VII

The Saga Continues for Title VII and Transgender Identity

North Carolina Enacts The Most Sweeping Anti-LGBT Law In The Country

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Category: Gender Identity

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