The Equal Employment Opportunity Commission (EEOC) recently won summary judgment in a case alleging a funeral home had violated Title VII of the Civil Rights Act of 1964 (Title VII) by firing its director for transitioning from male to female.
The EEOC has long taken the position that discriminating against an employee on the basis of transgender status constitutes sex discrimination and this new ruling by the U.S. Circuit Court of Appeals for the Sixth Circuit, which covers Kentucky, Michigan, Ohio, and Tennessee, only strengthens that position.
Whether employees’ gender identity or gender expression doesn’t conform to the sex they were assigned at birth, an employee transitions to another gender, or an employee otherwise does not conform to gender-based stereotypes, employers are faced with many challenging questions. Answer or act in a discriminatory manner and you could be on the hook for costly litigation and damages.
Join us for an all-new webinar addressing gender non-conformity in the workplace and how to ensure that your workplace policies and practices don’t spark legal liability under Title VII or other anti-discrimination laws.You’ll learn:
About Your Presenter:
- How unlawful sex stereotyping may occur in a workplace setting
- Which federal Circuits agree with the 6th Circuit’s new ruling and in what jurisdictions “the jury’s still out”—and the practical impact for employers operating in those states
- Examples of conduct by supervisors and coworkers that could be construed as creating a hostile or harassing environment for someone who’s transgender or is in the process of transitioning
- Best practices for addressing bathroom use, dress codes, and grooming policies so you don’t misstep under Title VII
- And more!
Mellissa A. Schafer, Esq.
Hinshaw & Culbertson LLP
Mellissa Schafer concentrates her trial practice in the representation of employers in labor and employment matters as well as general liability claims. Ms. Schafer has a particular specialization in workers' compensation issues and has extensive experience handling all aspects of work injuries including discrimination and 132(a) claims, Serious and Willful claims, OSHA violations, and harassment. In addition, she has an emphasis handling claims on behalf of self-insured employers.
Ms. Schafer represents and advises employers on all aspects of the law governing labor and employment. She is lead counsel for a national retailer and oversees their national program within the Firm. In addition, Ms. Schafer represents a leading human resource company, various insurance companies, home health care facilities, and multiple other retail and hospitality clients. Ms. Schafer has had multiple bench and jury trials in addition to numerous administrative trials in both Wisconsin and California.
Ms. Schafer joined Hinshaw & Culbertson LLP in December 2002 in the Milwaukee office. While there, she focused her practice on toxic tort cases in addition to defending medical and legal professionals. In August 2003, Ms. Schafer transferred to the Los Angeles office where she began her specialization representing employers in all aspects of labor and employment. She was promoted to capital partner in July 2012, making her one of the youngest capital partners in the firm. Ms. Schafer manages the workers' compensation practice group in Los Angeles and is on the Firm's Hiring Committee.
Ms. Schafer is licensed in both California and Wisconsin.