Compliance Stuff

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 to other federal agencies’ sex-segregated facilities, including changing areas, locker rooms, and sleeping quarters. Importantly, the decision applies only to federal agencies, not to private-sector employers, and does not bind federal courts. Quick Hits Federal agencies may now restrict transgender employees’ access to sex-segregated facilities matching their gender identity under the EEOC’s new interpretation of Title VII. The 2–1 ruling along party lines overturns decades-old precedent dating back to the EEOC’s 2015 decision in  Lusardi v. Department of the Army , which supported bathroom access corresponding to gender identity. Commissioner Kalpana K...

On October 31, 2025, the U.S. District Court for the Western District of Washington halted enforcement of Section 3(b)(iv) of  Executive Order 14173  (the “Diversity, Equity, and Inclusion (DEI) Order”) and Section 3(g) of  Executive Order (EO) 14168  (the “Gender Order”) against the City of Seattle by granting a preliminary injunction. In  City of Seattle v. Trump , the court found the City of Seattle was likely to succeed on its Administrative Procedure Act claims, concluding that the challenged funding conditions exceeded statutory authority, implicated separation-of-powers principles, and were arbitrary and capricious. The court ordered immediate remedial steps, declaring past implementation actions null and void and requiring a compliance status report within three days. The injunction is limited to the City of Seattle and does not extend nationwide; however, it sets the stage for future injunctive relief actions. Quick Hits The U.S. District Court for the ...

Ten years have passed since the Supreme Court of the United States granted all same-sex couples the right to marry and have their marriages recognized nationwide. In the decade since the Supreme Court’s landmark decision, protections for LGBTQ+ employees in the workplace continue to evolve, including the Supreme Court’s subsequent decision in  Bostock v. Clayton County  and the current administration’s enforcement priorities related to gender affirming care. Quick Hits June 26, 2025, marked the tenth anniversary of the Supreme Court’s decision recognizing same-sex marriage nationwide. The  Obergefell v. Hodges  decision had important legal implications for employers’ benefit plans. Existing federal law bans discrimination in hiring and firing on the basis of gender identity and sexual orientation, while twenty-two states and Washington, D.C., also have laws banning workplace discrimination and harassment based on sexual orientation or gender identity. Ten years ago, ...