Sex Discrimination - Orientation And Identity

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

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.

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

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

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 hel

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.

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 d

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.

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 vi

Employers should be aware that cisgender employees can allege discrimination on the basis of sex under Title VII

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.

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 objec

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 Di

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

Executive Summary: On June 30, 2023, the U. S. Supreme Court issued its ruling in 303 Creative LLC v. Elenis . At issue in the case was a pre-enforcement challenge to Colorado’s public accommodation law, which prohibits businesses from engaging in discrimination when selling goods and services, and

On June 30, 2023, the Supreme Court of the United States ruled a wedding website designer who has religious objections to same-sex marriage may legally refuse to design websites for same-sex couples because the First Amendment prohibits a state from forcing a website designer to create expressive me

It’s Pride Month, and with key pieces of legislation impacting sexual orientation and gender identity issues pending in Florida, Tennessee, Texas, and before the United States Supreme Court, employers need to understand the employment implications of these bills.

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 sele

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 plaint