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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.

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Client Alert | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....