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LGBT Issues Taking Center Stage

By Michael N. Chesney on November 7, 2016
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On October 28, 2016, the Supreme Court of the United States said that it would decide whether the Obama Administration’s interpretation of Title IX as requiring schools to allow students to utilize restrooms that correspond to their gender identities is proper. The case of Gloucester County School Board v. GG, involves the claims of a biologically female high school student, who identifies as a transgender boy, seeking access to the boys’ bathroom at school. While the school board initially allowed the student to use the boys’ bathroom, it later adopted a policy requiring students to use bathrooms that correspond to their biological sex or a separate single-stall restroom.

Although the Gloucester County case relates to students, the Supreme Court’s decision should also have a significant impact on employers. Recently, both the EEOC and OSHA have taken new positions with regard to LGBT rights, including restroom access. The EEOC has taken the position that Title VII’s prohibition of sex discrimination protects lesbian, gay, bisexual and transgender applicants and employees against employment bias. The EEOC has aggressively enforced its new position. Recently, the EEOC announced that it had entered into a settlement with a West Virginia hospital requiring the hospital to make same-sex spouses eligible for employer-sponsored benefits. Similarly, both the EEOC and OSHA have issued guidance indicating that all employees, including transgender employees, should have access to restrooms that correspond to their gender identity.

Presumably, the Supreme Court’s decision in the Gloucester County case will provide clarity as to whether the courts will show deference to these agencies’ interpretations of the law. Employers seeking guidance regarding LGBT issues in their own workplace should contact any of the attorneys in the Frantz Ward Labor and Employment Practice Group.

Photo of Michael N. Chesney Michael N. Chesney

Mike represents management in all aspects of labor and employment law, including representing employers in court, arbitrations, administrative proceedings, and other disputes. He advises companies, both large and small, on human resources issues and litigation prevention, including advice on terminations, compliance with employment…

Mike represents management in all aspects of labor and employment law, including representing employers in court, arbitrations, administrative proceedings, and other disputes. He advises companies, both large and small, on human resources issues and litigation prevention, including advice on terminations, compliance with employment laws, workplace investigations and the preparation of policies and employment agreements. Mike prides himself on providing strategic and practical advice to minimize the risk of employment litigation. Should litigation arise, Mike is a prepared, practical and aggressive advocate for his clients. He has successfully represented employers in single plaintiff and class/collective actions in state and federal courts, arbitration matters, and before administrative agencies throughout the country.

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  • Posted in:
    Technology and AI
  • Blog:
    Labor & Employment Law Navigator
  • Organization:
    Frantz Ward LLP
  • Article: View Original Source

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