TakeawaysA former employee sued Liberty University alleging it violated Title VII when it fired her because of her transgender status.The case raises issues of first impression in the Fourth Circuit, and the district court rejected Liberty’s arguments against the suit proceeding.Employers should anticipate more cases implicating the tension between accommodating individuals with religious objections to the LGBTQ+ community and protecting the rights of LGBTQ+ employees.Related links
Articles Discussing Sex And Gender Discrimination Under Title VII Of The Civil Rights Act Of 1964
International Women’s Day – Accelerate Action: Advancing Women in Leadership
International Women’s Day (IWD) falls on the March 8th each year. This year’s campaign theme, “Accelerate Action,” highlights the urgent need for progress as data from the World Economic Forum predicts that, at the current rate of progress, it will take until 2158 to reach full gender parity – roughly
Legal Challenge to PWFA Regulations by 17 States Revived by the Eighth Circuit
The Pregnant Workers Fairness Act (PWFA), which was passed in December 2022, requires a covered employer to provide reasonable accommodations for a qualified employee’s or applicant’s known limitations related to “pregnancy, childbirth, or related medical conditions,” unless the employer can demonstrate that the accommodation would impose an undue hardship on
Eighth Circuit Rules States May Challenge PWFA’s Inclusion of Abortion as a ‘Related Medical Condition’
Seventeen Republican-led states can continue their lawsuit challenging parts of the federal Pregnant Workers Fairness Act (PWFA) after the U.S. Court of Appeals for the Eighth Circuit recently ruled the states have standing to sue and remanded the case back to the lower court.
New York City to Require Employers to Physically and Electronically Post Lactation Room Accommodation Policy
New York City employers will be required to physically and electronically post a copy of their written lactation room accommodation policy under recent amendments to New York City’s lactation accommodations law set to take effect on May 11, 2025.
Trump Administration Says Title IX Does Not Apply to NIL Pay, Rescinds Recent Guidance
On February 12, 2025, the U.S. Department of Education under the Trump administration rescinded recent guidance that name, image, and likeness (NIL) payments to college athletes implicate the gender equal opportunity requirements of Title IX of the Education Amendments of 1972.
How Will the President’s Executive Order on “Gender Ideology” Impact Employers?
President Trump’s recent Executive Order targeting “Gender Ideology” will likely result in a change in the Equal Employment Opportunity Commission’s (EEOC’s) focus in harassment and discrimination investigations and its guidance documents; however, employers should ensure their policies and procedures continue to comply with court interpretations of federal antidiscrimination and harassment laws as well as those issued by state and local governments.
What Does Trump’s EEO Executive Order Mean? – Workplace Wake-Up with Jen Shaw
In this episode, Jen explains the practical implications of the new administration’s executive order on “gender ideology.”
Executive Order Targets Prohibitions Against Sexual Orientation and Gender Expression Discrimination
On his first day in office, President Trump issued an Executive Order titled, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The order defines “sex” as each “individual’s immutable biological classification as either male or female,” and calls for eradicating “gender ideology,” which, according
Staying Title IX Compliant: OCR Finally Provides Schools with Guidance on Student-Athlete NIL
TakeawaysNew OCR guidance advises that name, image, and likeness agreements between schools and student-athletes will be considered financial aid and must be substantially proportionate to the participation of each sex in the school’s athletic programs. Publicity and support services will be part of the equivalent benefits, opportunities, and treatment analysis. Agreements between student-athletes and third parties will be assessed on a case-by-case basis at this time.Related link
EEOC Acting Chair Issues Statement on Gender Identity, Removes Guidance on Transgender Issues
On January 28, 2025, Andrea Lucas (R), the acting chair of the Equal Employment Opportunity Commission, issued a statement outlining her views on gender identity in the workplace, and listing a series of actions she has taken to “return” the agency “to its mission protecting women from sex-based discrimination in
Department of Education Warns NCAA Schools That NIL Deals May Implicate Title IX Obligations
The U.S. Department of Education warned National Collegiate Athletic Association (NCAA) schools that payments to athletes for the use of their names, images, and likenesses (NIL) implicate the gender equal opportunity requirements of Title IX of the Education Amendments, even if from outside sources.
The Year Ahead 2025: Accommodations in Action — PWFA and Beyond
As the Pregnant Workers Fairness Act continues to generate a significant amount of court litigation and requests for mental health accommodations continue to rise, the anticipated challenges and trends in disability leave, health management and workplace accommodations for 2025 are numerous.
What Should Educational Institutions Do Next for Title IX Now That Biden’s Final Rule Was Blocked by a Federal Judge?
Title IX’s Final Rule issued in April 2024 was struck down nationwide. Covered educational institutions should consult with counsel to determine their compliance options moving forward.
On January 9, 2025, the Biden administration’s Title IX Final Rule was struck down by the U.S. District Court
U.S. Department of Education’s 2024 Title IX Final Rule Addressing Sex-Based Discrimination and Sexual Harassment Vacated
On January 9, 2025, in State of Tennessee v. Cardona, Civil Action No. 2:24-cv-072-DCR, the U.S. District Court for the Eastern District of Kentucky vacated the Title IX Final Rule that was issued by the U.S. Department of Education on April 29, 2024, and became effective August 1, 2024. The