U.S. Citizenship and Immigration Services (USCIS) has updated its policy guidance in the USCIS Policy Manual to clarify that, as of April 1, 2023, USCIS will accept the self-identified gender marker for individuals requesting immigration benefits. In other words, the gender marker an individual selects on required USCIS applications,
Articles Discussing Sexual Orientation and Gender Identity Issues In The Workplace.
Second Circuit Rejects Claim of Employee Fired for Refusing to Attend Training Session on LGBTQ Bias
Second Circuit rejected the appeal of an employee who was fired by a school district for refusing to attend mandatory workplace training about bias based on LGBTQ status, citing conflicts with his religious beliefs. The district court previously found in favor of the employer, noting that the plaintiff
Senior Managing Director Sues Former Firm for Gender Discrimination
A senior managing director was fired from her job at an integrated financial services boutique after she reported gender discrimination and unequal pay. According to the complaint filed in January 2023, Ann Deaton was a leading financial manager – a “$2 million+ producer” ranked in the top 1% of female
Federal Law Recognizing Same-Sex, Interracial Marriages Under Federal Law Signed
On December 13, 2022, President Joe Biden signed H.R. 8404, known as the Respect for Marriage Act, into law, guaranteeing marriage equality for same-sex and interracial couples under federal law. The law passed both houses of the U.S. Congress with bipartisan support, and the signing took place two weeks after
U.S. Supreme Court Hears Oral Argument in Case Testing Limits of State Anti-Discrimination Law
The U.S. Supreme Court weighed the rights of LGBTQ+ people to be free from discrimination in the marketplace against a Colorado business owner’s right to free speech when it heard oral argument in 303 Creative LLC v. Elenis (No. 21-476) on December 5, 2022.
Supreme Court Hears Arguments on Whether Wedding Website Creator Can Refuse Same-Sex Couples
On December 5, 2022, the Supreme Court of the United States heard oral arguments in a case on whether a wedding website creator may legally refuse to make websites for same-sex couples based on First Amendment grounds. During the nearly two-and-a-half hour oral arguments in 303 Creative LLC v. Elenis,
Same-Sex, Interracial Marriages Federal Bill Takes Step Toward Approval
On November 29, 2022, the U.S. Senate passed the Respect for Marriage Act, which would guarantee marriage equality, including for interracial and same-sex couples, under federal law. The bill, H.R. 8404, passed the Senate in a 61-36 vote with bipartisan support. The bill must still be voted on by the
Supreme Court Declines Review of Transgender Fire Chief’s Discrimination Case
On November 7. 2022, the Supreme Court of the United States declined to review a case by a Georgia fire chief alleging she was discharged for being transgender in violation of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.
Former Comcast Employee Sues for Gender Discrimination in PA Federal Court
A former Comcast employee filed a gender discrimination lawsuit against her supervisor this month in the Pennsylvania federal court. The major telecom corporation is headquartered in Philadelphia. The female plaintiff alleged that her former supervisor publicly mistreated her before colleagues and made several targeted and sexist comments directed at
Employers Pressed Over Health Plan Coverage of Transgender Treatments for Minors
Employers are facing increasing—and conflicting—pressures over health plan coverage of puberty-blocking medications used to treat some minors for gender dysphoria.
Progress of TSA’s Gender-Neutral Screening
In March 2022, the Transportation Security Administration (TSA) announced it would be implementing measures to conduct gender-neutral screening by enhancing screening technology, reducing the number of pat-downs needed, streamlining identity validation, updating TSA PreCheck, expanding airline partnerships to enhance the overall travel experience, and improving communications with the traveling public.
District Judge Protects LGBTQ+ Employee Against Sex-Based Discrimination from a Religious Non-profit
In August 2022, U.S. District Judge Catherine Blake issued a decision that reinforced the protection of LGBTQ+ rights from sex-based discrimination under Title VII of the Civil Rights Act. Doe v. Catholic Relief Services arose when Catholic Relief Services, a religious non-profit organization that focuses on humanitarian aid, refused to
Gender Dysphoria is Not Excluded from Coverage under ADA, Fourth Circuit Rules
Gender dysphoria is not excluded from the broad definition of “disability” protected under the Americans with Disabilities Act (ADA), a divided panel of the U.S. Court of Appeals for the Fourth Circuit has held. Williams v. Kincaid, No. 21-2030 (4th Cir. Aug. 16, 2022). The court’s ruling likewise applies to the analogous
The Fourth Circuit is First to Rule that ADA Protects Gender Dysphoria
On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit issued a landmark decision, Williams v. Kincaid, finding that the Americans with Disabilities Act (ADA) and the Rehabilitation Act1 protect individuals with gender dysphoria. This decision is the first decision by a federal appellate court on this
Nonbinary Pronoun Usage in the Workplace: What Employers Are Doing to Promote Inclusivity
Using the correct pronouns and honorifics in the workplace has become an increasingly important part of maintaining an inclusive workplace. At the same time, the sensitive nature of this trend and the many variations of pronouns and honorifics in use may leave employers confused as to how to accomplish that
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