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The Seventh Circuit reversed and vacated the panel decision holding that Title VII does not protect employees from anti-gay discrimination and will re-hear the case, Hively v. Tech Community College, en banc.  Kimberly Hively claims that her former employer, Ivy Tech Community College, violated Title VII when she was denied full-time employment and promotions and eventually terminated based on her sexual orientation.  We previously reported on this case and its implications for the rapidly-changing legal…
The Supreme Court stayed a Fourth Circuit ruling that requires schools to allow transgender students to use the bathroom of the gender they identify as. We are monitoring the case for its impact on employers going forward. For our past analysis on this issue, please refer to the following posts: Supreme Court Poised to Weigh in on Transgender Rights The U.S. Department of Justice and North Carolina Face Off On Trangender Rights EEOC Acts Again on
On Monday, the U.S. Department of Justice and the State of North Carolina exchanged federal law suits concerning the legality of a recently enacted North Carolina law known as “H.B. 2”.  The law requires public agencies in North Carolina to restrict access to multiple occupancy bathrooms to individuals of the same “biological sex.” The law prohibits public agencies from permitting transgender individuals to use bathrooms that correspond with their gender identity.  The law also repeals…
On Tuesday, the Court of Appeals for the Fourth Circuit issued a 2-1 ruling in Grimm v. Gloucester County School Board, No. 15-2056, finding that a transgender student has the right to sue his school board under Title IX for discrimination after they barred him from using the restroom matching his gender identity. Title IX forbids schools which receive federal funds from discriminating on the basis of sex.  The Department of Education promulgated regulations to…
On March 1, the EEOC filed its first two lawsuits alleging that discrimination based on sexual orientation violates Title VII as a form of sex discrimination.   Those two cases, against Scott Medical Health Center on behalf of a gay male employee and against IFCO Systems on behalf of a lesbian employee, are the latest actions by the EEOC staking out its position that sexual orientation discrimination is a form of sex discrimination.   As we have