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Sixth Circuit: Transgender and Transitioning Status Discrimination Prohibited Under Title VII

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March 7, 2018

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On March 7, 2018, the Sixth Circuit Court of Appeals became the first federal appeals court to state that transgender and transitioning employees are protected under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on specific protected categories.  Further, the circuit court stated that “sincerely held religious beliefs” do not shield employers from Title VII discrimination claims.

Second Circuit: Sexual Orientation Discrimination is Prohibited Under Title VII

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February 26, 2018

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The Second Circuit Court of Appeals joins the Seventh Circuit in stating that Title VII of the Civil Rights Act of 1964 prohibits sexual orientation discrimination. Historically, the circuit courts have not included sexual orientation as a protected status under sex discrimination, which is prohibited by Title VII, but the Second Circuit acknowledged that the social and legal landscape surrounding LGBT rights have evolved.

California: Adds New Workplace Protections for Transgender Individuals

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July 1, 2017

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California continues to lead the nation in offering protections for transgender individuals.  On July 1, 2017, a new set of regulations expanding existing protections under the Fair Employment and Housing Act (“FEHA”) go into effect, addressing an individual’s right to gender expression, equal access to facilities, and more.

New York: Southern District of NY Allows Sexual Orientation Discrimination Claim to Proceed Under Title VII

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May 3, 2017

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On May 3, 2017, a federal court in the southern district of New York denied a motion to dismiss an ex-employee’s sexual orientation discrimination and retaliation claim under Title VII of the Civil Rights Act of 1964.  This decision is unusual in that it runs counter to long-running precedent established in the Second Circuit—governing Connecticut, New York, and Vermont—which previously stated that sex discrimination, including gender stereotyping, under Title VII does not include sexual orientation discrimination.

Seventh Circuit is the First Federal Court of Appeals to Recognize Sexual Orientation as a Federally Protected Class

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April 4, 2017

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discriminationIn Hively v. Ivy Tech Community College, hearing the case en banc, the Seventh Circuit became the first federal court of appeals to determine that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964.  The court stated that “it is impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex.”

This landmark decision effectively prohibits discrimination and retaliation against applicants and employees on the basis of sexual orientation under federal law.