The workshop will start with an analysis of the current state of Title VII as it relates to transgender employees in the workplace, including an insightful discussion as to the EEOC’s current application of Title VII to transgender employees as well as the Department of Justice’s current position on same. Our speakers will review the case of R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC and the pending petition for a writ of certiorari to the United States Supreme Court, including the Department of Justice’s brief in opposition to the petition as well as the amicus briefs filed by Attorney Generals/Governors of 16 states. We will conclude our analysis of the law with a brief look at state employment nondiscrimination laws. Following this legal analysis, we will provide a defense practitioner’s perspective as to what employers can do to make the workplace more inclusive and in compliance with current federal laws, including policies and practices that employers can institute and/or update. Our plaintiff-side speakers will then discuss how to present a compelling Title VII case on behalf of a transgender employee, with defense attorney Rizzo countering with defensive strategies that plaintiff’s attorneys should to be aware of when prosecuting their cases.
Speakers: Omar Gonzalez-Pagan (Lambda Legal); Jill Rose Quinn (Law Office of Jill Rose Quinn); Vincent Rizzo (Hinshaw & Culbertson LLP)