Blogs > Employment Law Blog


Jan 30, 2019

New York Bans Discrimination Against Transgender Employees

Last week, New York Governor Andrew Cuomo approved pro-LGBTQ+ legislation.  The Gender Expression Non-Discrimination Act (“GENDA”) bans discrimination against transgender and non-binary employees working in New York.

GENDA amended New York’s Human Rights Law to include gender identity and gender expression.  » Read More

Oct 26, 2018

New Definition of “Sex” Eliminates Protection for Transgender Individuals

The Trump Administration is challenging the rights of transgender individuals with its proposal to eliminate federal protection under Title IX.  According to a memo obtained by the New York Times, the Department of Health and Human Services is in the process of implementing a uniform definition of sex that would not protect transgender students. » Read More

Oct 05, 2018

The Future of Bathroom Accommodations for Transgender Employees in Pennsylvania

The protections afforded to transgender employees in Pennsylvania are increasing but remain uncertain.  In August 2018, the Pennsylvania Human Relations Commission (“PHRC”) issued guidance to elaborate on the meaning of “sex” under the Pennsylvania Human Relations Act (“PHRA”).  The PHRC concluded that sex discrimination does encompass claims of discrimination based on sexual orientation, transgender transition, gender identity, and gender expression.   » Read More

Oct 31, 2016

U.S. Supreme Court Agrees to Hear Transgender Bathroom Case

Questions regarding bathroom access for transgender individuals have been among the most prevalent in American society in the last year.  We have written about this topic on several occasions recently due to activity in legislation (e.g., North Carolina’s HB2 “bathroom bill”), guidance from administrative agencies (e.g. » Read More

Aug 29, 2016

Tomorrow: Pennsylvania Senate to Hold Hearing on LGBT Workplace Discrimination Bill

It is well known that Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans workplace discrimination based on factors such as race, color, or religion, does not protect job discrimination based on sexual orientation or gender identity.  » Read More

May 24, 2016

EEOC Issues Fact Sheet on Bathroom Access for Transgender Employees

The battle between North Carolina and the federal government over the controversial HB2 “bathroom bill” and the subsequent fallout in popular culture has taken center stage in American society as of late.  The U.S. Equal Employment Opportunity Commission entered the fray earlier this month by issuing a fact sheet entitled Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964.  » Read More

Nov 18, 2015

Transgender Questions: What bathroom to use?

Approximately two weeks ago, voters in Houston repealed the Houston Equal Rights Ordinance (“HERO”), otherwise known as the “bathroom bill.”  At issue was a provision in the ordinance stating that no business could deny a transgender person access to the restroom consistent with his or her gender identity.  » Read More