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Articles Posted in Gender Identity

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Folks, misgendering an employee can be severe and pervasive enough to create a hostile work environment.

I’m going to tell you about a transgender man who worked for three years as a sergeant for a state prison. While working at the prison, he began the process of medically and socially transitioning to align with his gender identity. He underwent hormone replacement therapy, obtained a legal name…

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Four federal agencies are prepared to throw cold water (and lawsuits) at employers who abuse artificial intelligence

While recognizing the prevalence of automated systems, including those sometimes marketed as “artificial intelligence” or “AI,” and the “insights and breakthroughs, increasing efficiencies and cost-savings” that AI can offer, four federal agencies recently announced in a joint statement that they are ready to police “unlawful bias,” “unlawful discrimination,” and “other…

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Oh, I forgot to mention that the man’s son worked for the same employer. He sued too.

Yesterday, I wrote about a man who claimed that his employer retaliated against him by forcing him to resign after he objected to attending workplace training on anti-racism and gender identity. It was a good story. We employment lawyers have plenty of them. But, perhaps, it wasn’t great. But what…

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Man alleges antidiscrimination law prohibits mandatory antidiscrimination training. Man is wrong.

The federal court decision I read last night reaffirms one of the many reasons I enjoy practicing employment law: I’ll never run out of good stories to tell. This one involves a plaintiff who worked as a security counselor for a state hospital in the Midwest. He alleged in his…

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Pennsylvania’s employment laws appear to be inching closer to New Jersey’s (aka the California of the East)

When I think of Pennsylvania, it’s the Liberty Bell, cheesesteaks, and that putrid football team from Pittsburgh with the fans that wave yellow towels. I also think of employer-friendly employment laws. But one of those associations may soon be eroding. (Spoiler alert: not my opinion of the hapless Steelers). Last…

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The EEOC released a new mandatory workplace poster. Or did it?

  Yesterday, the U.S. Equal Employment Opportunity Commission announced here that it had released an updated version of the existing “Equal Employment Opportunity is the Law” poster. The EEOC’s release touts a web page for the poster, which provides information about the poster and where to post it. There’s even supposed…

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The first federal appellate court has recognized gender dysphoria as an ADA disability

A transgender woman with gender dysphoria spent six months incarcerated in an adult detention center. Prison deputies initially assigned her to women’s housing. But, after they learned that she was transgender, they quickly moved her to men’s housing. It was a nightmare. In men’s housing, the transgender woman (who I’ll…

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How would terms limits on the Supreme Court justices impact employment law?

Earlier this week, The Associated Press-NORC Center for Public Affairs Research released the results of a poll, which found that 67% of Americans support term limits for Supreme Court justices, including a majority of Democrats and Republicans. Yesterday, a few members of the House introduced a new bill called the…

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Did a middle school break the law because it allegedly fired a teacher for discussing her pansexuality in class?

Probably not. My Google Alerts were blowing up this weekend with reports of the story: Florida teacher allegedly fired after discussing sexuality with students Florida Teacher Fired for Discussing Sexual Orientation Sparks Debate Teacher Says She Was Fired After Talking to Students About Sexuality Most of the reports I read…

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While the EEOC facilitates bias claims for non-binary employees, here are seven ways to support them at work.

The nation’s anti-discrimination enforcer is promoting greater equity and inclusion for members of the LGBTQI+ community. Soon, non-binary individuals can select a nonbinary “X” gender marker during the voluntary self-identification questions that are part of the intake process for filing a charge of discrimination. The U.S. Equal Employment Opportunity Commission…