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Articles Posted in Gender Identity

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Everything “employment law” mentioned in last night’s State of the Union Address

In case you missed President Biden’s State of the Union Address last night, I’ve got you covered with everything HR compliance that came up. Pay equity and higher minimum wage. When President Biden took office in January 2021, part of his initial plan was to raise the federal minimum wage…

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A federal court says certain religious employers may discriminate against LGBT employees

Image Credit: PublicDomainPictures.Net (Judge Gavel) Do you remember back in 2020, when the Supreme Court in Bostock v. Clayton County held that Title VII of the Civil Rights Act of 1964 forbids employment discrimination based on LGBT status? But the court did leave one issue open, namely, the implications for…

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Can you refuse to a hire a transgender applicant because he won’t mix well with the customers?

Image Credit: Pxfuel (Having Doubts – Drawing of a Man on Blackboard – Illustration) The short answer is no. The longer answer is no effing way because that’s sex (gender identity) discrimination. And if that’s actually your rationale for not hiring someone, don’t double down on the stupid by admitting…

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Sex addiction. That isn’t a disability under the ADA is it? Or IS IT?!?!

I’ll bet you that they didn’t ask about this on the SHRM-CP exam, did they? Meet Ms. “X.” (I’m not going to use her real name because I don’t need y’all blowing up her social media.) Actually, instead of Ms. “X,” let’s call her “Plaintiff.” Plaintiff filed this complaint in…

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A court just EVISCERATED two baseless arguments from the transphobic “bathroom police” at work

Image Credit: pxfuel.com I’ve provided advice to plenty of employers on transgender employees using restrooms. For most companies, it’s not an issue. Employees can use the restroom corresponding to their gender identity. But, sometimes I get pushback. And more often than not, the resistance comes in the form of two…

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The Supreme Court’s silence on transgender bathroom use may speak volumes for your workplace

Marielam1, CC BY-SA 4.0, via Wikimedia Commons Last year, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has discriminated based on sex in violation of Title VII of the Civil Rights Act of 1964.  Yesterday, the Supreme Court…

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Happy Belated 1st Birthday to an LGBT rights landmark decision. I brought cake and presents! 🎂🎁

Stephanie Astono Salim, CC BY-SA 4.0, via Wikimedia Commons Yep, we’re celebrating! On June 15, 2020, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has violated Title VII of the Civil Rights Act of 1964.…

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It’s time to reassess dress codes … before the ACLU darkens your door too

Sodacan, CC BY-SA 3.0, via Wikimedia Commons An international airline is learning this lesson the hard way. Last Friday, the American Civil Liberties Union announced that it had sent this letter to a northwest-based airline on behalf of a non-binary employee demanding that it “stop enforcing a uniform policy that…

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Why did a transgender employee who needed leave from work lose claims for both sex and disability discrimination?

forever by priyanka from the Noun Project Sometimes it’s easy to lose the forest for the trees. Last night, after uploading the recording of yesterday’s CDC Face Mask Zoom to The Employer Handbook YouTube Channel, I read this recent Fifth Circuit opinion. It involves a transgender employee suing a former employer…

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Oh, check it out! The Equality Act is back. But, will it get to the President this time? 🏳️‍🌈

Image Credit: Pixabay.com In 2019, the House of Representatives made history when it passed the Equality Act, a comprehensive LGBT rights bill. More than just workplace rights. The Equality Act would amend Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law for the workplace, to clarify that discrimination based…