Topic
Gender Identity Discrimination
163 published works
The Employer Handbook Blog
When Consistent Enforcement of Your FMLA Policy Is Your Best Discrimination Defense
A bus operator was fired for FMLA falsification and claimed his employer terminated him because he was transgender. The employer’s defense was simple: it fired four other employees for the…
Law and Religion Australia
Giggle v Tickle, the Federal Court Appeal- Two Steps Back
By Neilfoster
The Full Court of the Federal Court of Australia has handed down its long-awaited decision in Giggle for Girls Pty Ltd v Tickle [2026] FCAFC 64 (15 May 2026). I…
Connecticut Employment Law Blog
Upcoming Panel on Gender Identity and Workplace Protections with Former EEOC General Counsel
Less than two weeks away until I join my ABA Section of Labor and Employment Law friends at the Employment Rights and Responsibilities Midwinter Meeting in Nashville. There are so…
Ogletree Deakins Insights
EEOC Rescinds Biden-Era Guidance Recognizing Unlawful Harassment Over Sexual Orientation, Gender Identity
By Nonnie L. Shivers, T. Scott Kelly, Publisher, Zachary V. Zagger
On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind anti-harassment guidance issued in 2024 under the Biden administration, which included guidance related to issues…
SC Employers’ Blog
2025’s Turning Point: What HR Leaders Can Learn from the EEOC and the Big Beautiful Bill
The Equal Employment Opportunity Commission (EEOC) has been unusually active in recent months, issuing significant opinions on religious accommodations and clarifying its enforcement stance on transgender discrimination. At the same…
Religion Clause
School Counselor’s Office Display of Anti-Trans Books Is Permissible Only When No Students Are in His Office
In Theis v. Intermountain Education Service Board of Directors, (D ORA, Aug. 20, 2025), a social worker employed by the district to administer standardized tests individually to students sued claiming his…
Pierson Ferdinand Blog
The EEOC’s Gender Agenda Positions the Agency at the Receiving End of A Federal Lawsuit
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for investigating workplace discrimination and harassment. Like when a ref changes the rules mid-game, what happens when the agency…
Religion Clause
Iowa Governor Signs Law Ending Anti-Discrimination Protection for Transgender Individuals
On Feb. 28, Iowa Governor Kim Reynolds signed Senate File 418 (full text) which removes "gender identity" as a protected class under the state's anti-discrimination laws. It also provides that in…
Pennsylvania Divorce and Domestic Relations Blog
A Fascinating Case on the Subject of Kids & Privacy
By Mark Ashton
One of the issues that can be endlessly fascinating is America’s struggle to figure out what is private and what is not. The 1st Circuit Court of Appeals decision in…
Ogletree Deakins Insights
EEOC Acting Chair Rolls Back Guidance Related to Unlawful Discrimination and Harassment Based on Gender Identity
By Nonnie L. Shivers, Zachary V. Zagger
Quick Hits EEOC Acting Chair Andrea R. Lucas rolled back much of the EEOC’s guidance on gender identity, leaving in place certain documents that were issued with majority approval of…