Transgender Employees And Employment Discrimination

Courts are split regarding the degree to which Title VII applies to transgender employees. Further muddying the waters is the fact that the executive branch under Trump – or in this case more specifically under Attorney General Jeff Sessions – has taken a position that’s opposite to what was espoused by the Obama administration. This Today’s General Counsel article by Alison Nadel and Natalie Colvin summarizes the evolution of federal law in this area, as well as recent and pending developments on the legislative front in some states, and offers some practical suggestions for employers.