Sex and Gender Discrimination » Employment Law Information Network

U.S. Supreme Court to Decide Whether Educational Employees Can Sue Under Title IX

Littler — Mon, 01 Jun 2026 16:32:12 +0000

U.S. Supreme Court to Decide Whether Educational Employees Can Sue Under Title IX Can employees of federally funded educational institutions file lawsuits against their institutions under Title IX? To date, the answer to that question has depended on where the educational employer operates. tgelbman@littler.com Mon, 06/01/2026 – 11:32

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Supreme Court to Review Whether Title IX Allows Employee Discrimination Claims

Ogletree Deakins — Mon, 25 May 2026 05:44:10 +0000

The Supreme Court of the United States will consider whether a former Georgia Tech head women’s basketball coach and a former Augusta University art professor may bring employment-based sex discrimination claims under Title IX of the Education Amendments of 1972—a civil rights law that prohibits discrimination on the basis of

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Fifth Circuit Rules Employee’s Conduct, Not Pregnancy, Drove Firing

Ogletree Deakins — Tue, 19 May 2026 13:59:41 +0000

On May 11, 2026, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer on claims of pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and various claims under the Family and Medical Leave Act (FMLA), because the employee

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Federal Court Approves Landmark Title IX Settlement

Littler — Wed, 29 Apr 2026 16:12:42 +0000

Federal Court Approves Landmark Title IX Settlement A federal judge in the Southern District of California has approved a class action settlement resolving Title IX claims against a state university brought by current and former female student‑athletes alleging inequities in athletic financial aid. The lawsuit, originally filed in 2022, asserted

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Supporting Employees Through Infertility: Legal Obligations and Accommodations

Ogletree Deakins — Wed, 29 Apr 2026 11:54:43 +0000

Some employees are shouldering the emotional and physical toll of infertility as Mother’s Day and Father’s Day approach. Employers have legal obligations to permit time off and certain accommodations for workers undergoing fertility treatments.

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From Trying to Expecting: Workplace Protections for Pregnancy-Related Conditions

Ogletree Deakins — Tue, 28 Apr 2026 14:55:56 +0000

With Mother’s Day and Father’s Day approaching, employers may want to consider the benefits and protections afforded to employees who become pregnant or welcome a child to the family, as well as the employer’s legal responsibilities.

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ED Civil Rights Office Rescinds Title IX Resolution Agreements With 5 Schools

Ogletree Deakins — Sun, 19 Apr 2026 22:30:13 +0000

The U.S. Department of Education’s (ED) Office of Civil Rights (OCR) recently took the unusual step of terminating resolution agreements with five school districts and a California community college. The rescission of the resolution agreements, which were related to transgender or LGBTQ+ students, reflects the Trump administration’s shifting interpretation of

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Equal Pay Day 2026: A Marker — and a Reminder for Employers

Jackson Lewis — Thu, 26 Mar 2026 15:58:50 +0000

Equal Pay Day, observed this year on March 26, highlights how far into the current year the average woman must work to earn what the average man earned in the prior year. While the date may shift from year to year, the conversation it prompts does not. For employers, Equal Pay Day is less about… […]

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Where the PWFA Stands Today: Key Legal Lessons for Employers

Ogletree Deakins — Thu, 05 Mar 2026 20:49:33 +0000

March is Women’s History Month, lending itself to a review of the lessons learned over the last three years since enactment of the Pregnant Workers Fairness Act (PWFA). While the guidance from the U.S. Equal Employment Opportunity Commission (EEOC) provides some insight, employers regularly face accommodation requests falling within areas

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EEOC Says Agencies May Now Restrict Bathroom Access for Transgender Federal Workers

Ogletree Deakins — Wed, 04 Mar 2026 19:08:29 +0000

On February 26, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) issued a federal sector decision in Selina S. v. Driscoll, ruling that Title VII of the Civil Rights Act of 1964 allows federal agencies to exclude transgender workers from using bathrooms corresponding to their gender identity. The ruling extends

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U.S. Department of Education Finds University’s Transgender Student-Athlete Policies Violated Title IX

Ogletree Deakins — Wed, 25 Feb 2026 14:28:21 +0000

A recent U.S. Department of Education finding will likely have significant implications for educational institutions that receive federal financial assistance. On January 28, 2026, the Department of Education’s Office for Civil Rights announced its finding that San José State University’s policies allowing transgender student-athletes to compete in women’s sports and

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Title IX Preempts Public University Labor Contract Grievance Procedure, According to New Jersey Supreme Court

Littler — Tue, 10 Feb 2026 17:33:50 +0000

Title IX Preempts Public University Labor Contract Grievance Procedure, According to New Jersey Supreme Court The New Jersey Supreme Court ruled on January 29, 2026, that Title IX—the federal law that prohibits sex discrimination in all publicly-funded educational institutions—preempted the grievance procedure in a labor contract between Rutgers University and

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EEOC Rescinds 2024 Enforcement Guidance on Harassment in the Workplace, What’s Next?

Ford Harrison — Sun, 01 Feb 2026 21:37:19 +0000

On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2-1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace, which addressed employers’ obligations to prevent and respond to workplace harassment and discrimination, including conduct affecting transgender employees and other protected groups.

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EEOC Rescinds Enforcement Guidance on Harassment in the Workplace

Jackson Lewis — Tue, 27 Jan 2026 20:47:22 +0000

The EEOC voted 2-1 to rescind its 2024 harassment guidance over concerns that the guidance exceeded Title VII authority and to comply with President Trump’s executive order regarding gender identity issues.

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EEOC Rescinds Biden-Era Guidance Recognizing Unlawful Harassment Over Sexual Orientation, Gender Identity

Ogletree Deakins — Sun, 25 Jan 2026 21:21:34 +0000

On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind anti-harassment guidance issued in 2024 under the Biden administration, which included guidance related to issues of gender identity discrimination and harassment against LGBTQ+ individuals. With a quorum and Republican majority at the EEOC, the rescission

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