On September 9, 2025, the U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, ruled that a county health insurance plan’s exclusion denying coverage for gender-affirming surgery did not violate Title VII of the Civil Rights Act of 1964 on its face. The ruling overturned a district court’s
Articles Discussing Sexual Orientation and Gender Identity Issues In The Workplace.
Celebrating Disability Pride Month: Image of Inclusion – Advocating for Inclusive Visual Representation
Littler’s Anna Curry Gualano is joined by her father, Ashley Curry, to discuss their advocacy work in Alabama to update the traditional accessibility symbol to one that is more inclusive and empowering.
Texas Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections
On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and discrimination in the workplace as it concerns protections for LGBTQ+ individuals. The court’s ruling, however,
Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections
On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and discrimination in the workplace as it concerns protections for LGBTQ+ individuals. The court’s ruling, however,
Celebrating Pride Month: The Importance of Advocacy and Community
In celebration of Pride Month, Littler shareholder Mattheus Stephens and associates Trevor Hardy and Jessica Wimsatt discuss their advocacy work for LGBTQIA+ individuals in their local communities. The group also highlights the importance of how being authentically you and sharing your story can help others find community and feel connected.
Breaking LGBTQ+ Barriers: From Covering to Inclusivity
LGBTQIA+ Pride Month is a time to celebrate our pride and reflect on the importance of employees feeling aligned and supported when coming out in the workplace.
Federal and State Mandates on Use of Employees’ Personal Pronouns Create Uncertainty
Employers must proceed carefully when responding to complaints around pronoun use where federal and state mandates appear to conflict. For instance, Equal Employment Opportunity Commission (EEOC) guidance states that misgendering can constitute a violation of Title VII of the Civil Rights Act when done intentionally (Sexual Orientation and Gender Identity (SOGI) Discrimination); on the other hand, Florida law prevents a public school teacher from using her personal pronouns and titles when communicating with students at school.
Gender Identity Protections: Transgender Harassment, Reverse Discrimination Cases Allowed by Courts
Two cases show that courts consider alleged harassment or discrimination based on transgender or cisgender status to be colorable under Title VII of the Civil Rights Act.
Reports Confirm Need for Employers to Foster Inclusive Work Environment for Black, LGBTQIA+ Youth
Both The Trevor Project and the Human Rights Campaign have released reports detailing the challenges faced by Black LGBTQ+ youth in the United States and the importance of acceptance and support to ensure these young people are safe and can thrive. These reports provide valuable insight about the vital role employers can play in ensuring a safe, welcoming, and nondiscriminatory workplace for their youngest employees.
Pennsylvania Federal Court Allows Claims of Sex Discrimination by Cisgender Male to Move Forward
Employers should be aware that cisgender employees can allege discrimination on the basis of sex under Title VII
New Study Shows Gen Z LGBTQIA+ Students, Graduates Value, Seek Out Inclusive Workplaces
Employers that foster a culture of belonging for all employees will have an advantage as Gen Z is projected to make up 27% of the workforce by 2025 and their expectations will change the workplace as we know it.
Navigating Transgender Inclusion Issues in the Workplace
Fifth Circuit Holds Christian-Owned Business Has Religious Exemption From LGBTQ+ Discrimination Claims
The U.S. Court of Appeals for the Fifth Circuit recently ruled that prohibitions against discriminatory employment practices against the LGTBQ+ community under Title VII of the Civil Rights Act of 1964 are inapplicable to religious, private, for-profit companies that possess sincere, religious objections to gender nonconforming conduct.
Michelle Phillips Comments on SCOTUS Declining to Rule if Gender Dysphoria is Covered Under ADA
Michelle Phillips comments on the U.S. Supreme Court’s decision to not take a case to determine if the Americans with Disabilities Act protects transgender people who experience distress caused by their gender identity not matching their sex assigned at birth in “Gender Dysphoria Poised to Be New Disability Rights Battleground,” published by Bloomberg Law.
U.S. Supreme Court: First Amendment Entitled ‘Expressive’ Web Designer to Refuse Service to Same-Sex Couples
Colorado’s Anti-Discrimination Act (CADA) constituted an impermissible infringement on its citizens’ First Amendment right to freedom of speech, as the Act could compel individuals and businesses to engage in speech with which they disagree, the U.S. Supreme Court has ruled in a 6-3 decision written by Justice Neil Gorsuch. 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023).