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BT Currents - Hot Topics in Employment Law

13 Jul Binary Bathrooms? Schools Emerge As Fulcrum On This Issue

Deliberations over the adoption of policies regarding bathroom access can be tricky, especially when the disputes involve young children and concerned parents.  Within the last year, profound disagreement has arisen among what schools should do regarding transgender students and bathroom policies.    In February, President Donald Trump’s Education Department confirmed that it is no longer investigating civil rights complaints from transgender students barred from school bathrooms that match their gender identity. The Education Department spokeswoman Elizabeth Hill in response to questions from The Washington Post…

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12 Mar Sixth Circuit Holds Transgender Status Protected Under Title VII

  On March 7, the U.S. Court of Appeals for the Sixth Circuit weighed in on the continuing debate surrounding the scope of Title VII’s prohibition on sex discrimination. In a landmark decision, the court ruled that Title VII prohibits discrimination on the basis of transgender and transitioning status and further held that bare compliance with Title VII presents no substantial burden upon an employer’s sincerely held religious beliefs, precluding a defense under the Religious Freedom Restoration Act (“RFRA”).   In EEOC v. R.G. &…

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08 Mar Transgender Bathroom Case Sent Back to Lower Courts by Supreme Court

  On March 6, 2017, the Supreme Court canceled scheduled arguments in a case involving the bathroom rights of transgender students in public schools. The Court sent the case back to the 4th Circuit to reconsider the issue in light of the Department of Justice and Department of Education rescinding Obama-era guidance clarifying protections for transgender students.   The case, Gloucestor County School Board v. G.G., involved a transgender high school student seeking to use the boys’ restrooms at his high school. The plaintiff –…

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30 Aug North Carolina Court Blocks ‘Bathroom Bill’ at UNC

  As an update to our previous posts (here and here) about bathroom access rights for transgender individuals, there are new developments in the North Carolina “bathroom bill” debacle. On August 26, a North Carolina federal court blocked the University of North Carolina from applying the state’s controversial bathroom bill. The bill requires transgender people to use bathrooms and locker rooms that correspond to their sex at birth rather than the gender with which they identify.   In a lengthy order filed in the U.S….

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06 May Transgender Bathroom Access Addressed in New EEOC Fact Sheet

In the midst of news coming out of North Carolina, the Equal Employment Opportunity Commission (EEOC) has issued a new fact sheet that addresses bathroom access rights for transgender employees. The fact sheet’s key point is that transgender employees have the right to equal access to bathrooms that correspond to their gender identity. This right is provided by Title VII of the Civil Rights Act of 1964’s protection against sex discrimination—even if there is state law to the contrary.   Employers should note that, as…

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