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Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
June 15, 2020

Supreme Court Issues Landmark Ruling, Extending Federal Anti-Discrimination Protections to the LGBT Workforce

This morning, SCOTUS issued its decision in Bostock v. Clayton County, Georgia, a case heard during the first week of its current term.  In the decision, the Court extends anti-discrimination protections in the workplace to LGBT employees, in a 6-3 decision written by Justice Gorsuch and joined by Chief Justice Roberts. 

Employer Law Blog
October 12, 2017

DOJ Reverses Stance on Gender Identity Discrimination

On October 4, 2017, the United States Department of Justice issued a memorandum reversing its stance on whether the prohibition on sex discrimination under Title VII of the Civil Rights Act of 1964 includes discrimination based on gender identity. The memorandum was authored by Attorney General Jeff Sessions. In the memorandum, Attorney General Sessions supports his conclusion in part by stating that “Title VII expressly prohibits discrimination ‘because of . . . sex’ and several other protected traits, but it does not refer to gender identity.” Although the memorandum explicitly withdraws a 2014 memorandum by former Attorney General Eric Holder who reached the opposite conclusion, Attorney General Sessions continues to state that “[n]othing in this memorandum should be construed to condone mistreatment on the basis of gender identity.”

Employer Law Blog
July 15, 2015

Employer Alert: OSHA Speaks Out on Transgender Bathroom Guidelines

On June 1, 2015, The Occupational Safety and Health Administration (OSHA) released “A Guide to Restroom Access for Transgender Workers”. Under current federal law, employers are required to provide all employees reasonable access to restroom facilities. Now under OSHA’s “model practices” for employers to follow when providing access to restrooms by transgender employees, including: