Articles Posted in Gender Identity

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Supreme Court of the U.S. Building

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 declined to address the Fourth Circuit’s decision in G.G. v. Gloucester County School Board, where the appellate court ruled that under Title IX of the Education Amendments Act of 1972, transgender students may use the bathroom that corresponds to their gender identity. Otherwise, the school is discriminating based on sex.

While Bostock has nothing to do with bathrooms and G.G.  has nothing to do with the workplace, I think you can see where I’m going here.

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Joe Biden (48554137807)

Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons

On Monday, I blogged about President Biden’s first HR-compliance wish list, which focused on COVID-19 mitigation efforts.

On Wednesday, President Biden was sworn in. And, folks, he wasted no time making moves that will impact labor and employment law. Continue reading

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Joe Biden (48554137807)

Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons

Once the networks called the presidential election for Joe Biden over the weekend, something dawned on me. Maybe, I should write about how the new administration may impact employment law.

I mean, what other employment lawyer/blogger would think to do that? Dibs! Continue reading

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Associate Justice Neil Gorsuch Official Portrait.jpg

By Franz Jantzen, Collection of the Supreme Court of the United States – https://www.oyez.org/justices/neil_gorsuch, Public Domain, Link

After reading 133 pages of transcripts from yesterday’s two (1, 2) oral arguments in the three LGBT workplace rights cases pending before the Supreme Court, three things are clear to me: Continue reading

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