A Nationwide Standstill: Extending the Definition of Sex Discrimination to Include Gender Identity

On December 31, 2016, the Federal District Court for the Northern District of Texas issued a nationwide injunction blocking the implementation or enforcement of Section 1557’s provision extending the definition of sex discrimination to gender identity. The Court found that the implementing regulations went beyond the intent of Congress. Today, this injunction remains in effect…

Is a Dependent’s Gender Reassignment Covered Under Employer-Sponsored Benefits Plans?

In Tovar v. Essentia Health (U.S. 8th Circuit Court of Appeals, 2017), Brittany Tovar sought and was denied benefits needed for her son’s gender reassignment based on a diagnosis of gender dysphoria, as the Essentia health plan explicitly excluded such benefits. She appealed the denials based on the non-discrimination requirements of Title VII of the…

Transgender Men and Women in the U.S. Military: The Effect of the Presidential Memorandum

What exactly is the effect of the Presidential Memorandum? Let’s take this step-by-step: To which military services does it apply? It applies to the military services of the Department of Defense—Air Force, Army, Marines, Navy, National Guard, and Reserves—and the Coast Guard, which is within the Department of Homeland Security. What has been the policy…