1. Home
  2. |Insights
  3. |Transgender Employees Protected By Federal Law Against Discrimination

Transgender Employees Protected By Federal Law Against Discrimination

Client Alert | 1 min read | 03.23.12

The Eleventh Circuit recently held that transgender employees are protected by federal anti-discrimination laws, bolstering employee claims for harassment and discrimination in the workplace. Glenn v. Brumby, Nos. 10-14833, 10-15015 (11th Cir. Dec. 6, 2011). While the plaintiff, as a Georgia state employee, brought her claims of discrimination under the Equal Protection Clause, the Eleventh Circuit used broad language to find that such discrimination was also unlawful under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. Under the Glenn analysis, the types of prohibited discrimination covered by Title VII in the private workplace would now include discrimination against transgender employees or any employee discriminated against because of his or her perceived "gender nonconformity." Furthermore, many states, cities, and counties have enacted laws prohibiting discrimination on the basis of gender identity or expression.  Most recently, Baltimore County, Maryland joined the jurisdictions that provide such protections.

In light of these developments, employers should take time to revisit their anti-discrimination policies and practices. Employers should refresh their training materials to ensure employees and managers recognize, address, and prevent prohibited conduct, and to ensure neutrality in policies that affect employees - such as gender-based dress codes. When an employee undergoes a gender transition, employees should be instructed to avoid any inquiries regarding a transitioning employee's medical history.

Employers should also be familiar with the various state and local laws that address discrimination based on gender identity or expression. These mandates are being implemented with increasing frequency and may catch employers unaware.

Insights

Client Alert | 3 min read | 09.13.24

SEC Disbands its Climate and ESG Enforcement Task Force

The Securities and Exchange Commission (SEC) has reportedly recently dissolved its Climate and ESG Enforcement Task Force (the Task Force). The Task Force was part of SEC Chair Gary Gensler’s broader push to increase investors’ access to environmental, social, and governance (“ESG”) information about public companies and registered investment companies. The dissolution of the Climate and ESG Enforcement Task Force comes after three years marked by industry resistance and a mixed record in the courts. Prior to the Task Force’s dissolution, the agency removed ESG from its annual Examination Priorities Report, which provides areas of particular focus during SEC examinations. While the Task Force has been dissolved, the SEC is still pursuing a number of its proposed ESG and climate-related rules....