The US Court of Appeals for the Sixth Circuit ruled on March 7, 2018, that workplace discrimination on the basis of gender identity and gender expression violates Title VII of the Civil Rights Act of 1964. The language of Title VII does not expressly prohibit discrimination on the basis of gender identity. However, the US EEOC has taken a broad approach to enforcing Title VII’s prohibition on sex discrimination, arguing that it includes both gender identity and sexual orientation.
Federal Appellate Court Finds That Title VII Bans Gender Identity Discrimination
By Brian Mead and Todd Solomon on May 31, 2018
Posted In Employment
Tags: EEOC, EEOC v. RG and GR Harris Funeral Homes Inc., Employee Retirement Income Security Act of 1974, ERISA, gender expression, gender identity, Religious Freedom Restoration Act, RFRA, sex discrimination, sexual orientation discrimination, Title VII, Title VII of the Civil Rights Act of 1964, US Court of Appeals for the Sixth Circuit, US Equal Employment Opportunity Commission, workplace discrimination
Brian MeadBrian Mead is an employment litigator and transactional advisor. He leads McDermott’s Trade Secrets and Restrictive Covenants Subgroup. Clients call upon him for his substantial experience prosecuting and defending employee mobility, restrictive covenant and trade secret litigation cases across various industries including private equity, healthcare, professional services, technology and manufacturing. Read Brian Mead's full bio.
Todd SolomonTodd A. Solomon focuses his practice on designing, amending and administering pension, profit sharing, 401(k), employee stock ownership and 403(b) plans, as well as nonqualified deferred compensation arrangements. He also counsels privately and publicly held corporations and tax-exempt entities regarding fiduciary issues under the Employee Retirement Income Security Act (ERISA), employee benefits issues involved in corporate transactions, executive compensation matters and the implementation of benefit programs for domestic partners of employees.Read Todd A. Solomon's full bio.
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