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Michelle E. PhillipsBlog Posts

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  • Progress of TSA’s Gender-Neutral Screening

    In March 2022, the Transportation Security Administration (TSA) announced it would be implementing measures to conduct gender-neutral screening by enhancing screening technology, reducing the number of pat-downs needed, streamlining identity validation, updating TSA PreCheck, expanding airline partnerships to enhance the overall travel experience, and improving communications with the traveling public. So far, TSA has implemented... Continue Reading
    September 20, 2022
  • Gender Dysphoria is Not Excluded from Coverage under ADA, Fourth Circuit Rules

    Gender dysphoria is not excluded from the broad definition of “disability” protected under the Americans with Disabilities Act (ADA), a divided panel of the U.S. Court of Appeals for the Fourth Circuit has held. Williams v. Kincaid, No. 21-2030 (4th Cir. Aug. 16, 2022). The court’s ruling likewise applies to the analogous Rehabilitation Act.  Read the full... Continue Reading
    August 19, 2022
  • Supreme Court: Philadelphia Ordinance Unconstitutionally Burdened Religious Exercise

      The U.S. Supreme Court has found that Philadelphia’s ordinance requiring a private foster care agency to certify same-sex couples as foster parents burdened the agency’s religious exercise in violation of the Free Exercise Clause of the First Amendment. Fulton et al. v. City of Philadelphia, Pennsylvania et al., No. 19-123 (June 17, 2021). Justice John...… Continue Reading
    June 17, 2021
  • EEOC Revises Guidance on Religious Discrimination in the Workplace

    The Equal Employment Opportunity Commission (EEOC) has approved revisions to its Compliance Manual Section on Religious Discrimination (Guidance). The revised Guidance, approved on January 15, 2021, draws upon several U.S. Supreme Court opinions issued since the agency’s last significant update to its guidelines in 2008. Click here to read the rest of the article on the Jackson...… Continue Reading
    January 22, 2021
  • Developments to Monitor in 2021: LGBTQ+ Rights and Freedom of Religion in the Workplace

    As 2021 begins, Jackson Lewis is again providing “The Year Ahead for Employers” to clients. This comprehensive report covers all aspects of employment law and highlights 2020 issues, trends, legislative and regulatory activity, and litigation that employers need to be aware of and what to look out for in 2021. Highlights from the Litigation section...… Continue Reading
    January 21, 2021
  • Pending State Bills Propose to Limit The Ability of Transgender Student-Athletes to Compete

    Several states have introduced legislation to require transgender student-athletes at the elementary and secondary school levels to compete only in their sex assigned at birth, not based on their gender identity. While more than a third of states allow transgender students to compete on teams based on their gender identity, legislators in several states (including...… Continue Reading The post Pending State Bills Propose to Limit The Ability of Transgender Student-Athletes to Compete appeared first on Collegiate & Professional Sports Law Blog.
    January 13, 2020
  • California Adds ‘Transgender,’ ‘Gender Nonconforming Individuals’ to Sexual Harassment Prevention Training for Supervisors

    Employers subject to California’s mandatory sexual harassment training requirement for supervisors will need to ensure their programs include prevention of harassment based on gender identity, gender expression, and sexual orientation following an amendment (SB 396) to California’s Fair Employment and Housing Act (FEHA). On October 15, 2017, Governor Jerry Brown signed SB 396 into law....… Continue Reading The post California Adds ‘Transgender,’ ‘Gender Nonconforming Individuals’ to Sexual Harassment Prevention Training for Supervisors appeared first on California Workplace Law Blog.
    October 30, 2017
  • Transgender Locker Room Policy Eludes School District Facing Government Sanctions Under Title IX

    An Illinois school district has violated anti-discrimination laws by not allowing a transgender student who identifies as female and is on her high school’s girls’ sports team to change and shower in the girls’ locker room, the United States Department of Education Office of Civil Rights (“OCR”) has held. The OCR released its findings on … Continue Reading
    November 22, 2015
  • Defeating Sexual Orientation and Gender Identity Discrimination on the Field

    While Jason Collins, the first male professional athlete currently playing on a U.S. sports team to announce he is gay, may have received overwhelming public support, Collins’s personal journey was no doubt a difficult one.  Similarly, NCAA basketball player Brittney Griner recently acknowledged she is gay and discussed her experiences being bullied as a child.  … Continue reading Defeating Sexual Orientation and Gender Identity Discrimination on the Field
    May 10, 2013