transgender1600The issue of transgender rights has been the recent focus of much media attention, and Senior Circuit Judge Andre Davis has added an elegant and eloquent contribution to the conversation through his concurring opinion to the U.S. Court of Appeals for the Fourth Circuit’s order vacating the preliminary injunction it had previously issued in the case of G.G. v. Gloucester County School Board.

A transgender high school student, G.G. (Gavin Grimm), sued the Gloucester County School Board and asked for a preliminary injunction to allow him to use the bathroom consistent with his transgender status. The federal district court denied the request for preliminary injunction, but on appeal, the Fourth Circuit disagreed and ordered that the injunction be issued.
Continue Reading Judge Davis’ Paean to G.G. and Other Brave Individuals Who Opposed Discrimination

transgender1600A few recent events provide employers a peek behind the curtain of the Trump administration’s position on whether Title VII provides protection to LGBT individuals.

First, some background. Title VII prohibits discrimination “because of sex,” among other things. In the past, the Equal Employment Opportunity Commission (the federal agency enforcing federal anti-discrimination laws) acknowledged that Title VII did not cover sexual orientation discrimination, although it did prohibit discrimination based on sex/gender stereotyping (which could overlap with sexual orientation claims to the extent the gay or lesbian employee did not conform to male or female stereotypes).
Continue Reading What is the Future of Sexual Orientation and Transgender Status Under the Trump Administration?

2000px-Venus_symbol.svgOn Tuesday (June 14, 2016) of this week, the White House Council on Women and Girls together with the Department of State, Department of Labor, the Aspen Institute, and Civic Nation held the Summit on the United State of Women.   On that same day, the Office of Federal Contract Compliance Programs (OFCCP) announced a Final Rule updating the OFCCP’s sex discrimination guidelines.  According to the OFCCP’s Fact Sheet, the revisions were to bring the guidelines, which are from what the OFCCP called the “Mad Men” era (1970’s), up to date.

The OFCCP published a Notice of Proposed Rulemaking on January 30, 2015 and received 553 comments on the proposed rule.   The Final Rule will take effect on August 15, 2016.
Continue Reading OFCCP Issues Final Rule Updating Sex Discrimination Guidelines