In March 2024, the employment law world saw several cutting-edge decisions by federal courts in the areas of transgender litigation and challenges to DEI initiatives. Find out about the latest developments below.
Federal Circuit Court allows Transgender Harassment Lawsuit to Proceed
The Eleventh Circuit has resurrected a lawsuit alleging a hostile work environment filed by Tyler Copeland, a transgender correctional officer in Georgia who transitioned from female to male. U.S. Circuit Judge Jill Pryor stated that Copeland faced significant “misgendering” harassment, overturning a previous ruling that deemed the harassment not “severe or pervasive” enough. Copeland’s lawsuit against the Georgia Department of Corrections (GDOC) will proceed under a single count of Civil Rights Act Title VII violation. The court found that the harassment Copeland endured, including being repeatedly referred to as “ma’am” and “baby girl”, and subjected to sexually explicit derogatory comments, was substantial enough to impact Copland’s job performance and work environment. Despite GDOC’s argument that the harassment wasn’t severe, Judge Pryor emphasized the frequency and impact of the mistreatment, highlighting the dangerous nature of Copeland’s workplace. The decision could mark a significant development in addressing alleged discrimination against transgender individuals in the workplace.
The case is Tyler Copeland v. Georgia Department of Corrections, case number 22-13073, in the U.S. Court of Appeals for the Eleventh Circuit.
Federal Judge grants Injunction to Christian Business Group against Mandated Coverage for Gender Transition Treatment
A North Dakota federal judge has ruled in favor of a Christian business group by granting them exemption from providing coverage for gender transition treatment due to religious beliefs. U.S. District Judge Daniel M. Traynor supported the Christian Employers Alliance (CEA), issuing a permanent injunction against the Equal Employment Opportunity Commission (EEOC) and the Department of Health and Human Services (HHS) from enforcing mandates conflicting with religious convictions. This follows Traynor’s previous preliminary injunction, which the government appealed but later dropped. The judge emphasized that the government failed to prove its policies as the only means to protect transgender patients’ rights. Despite government arguments, the judge acknowledged CEA’s standing and recognized the harm members would face if forced to choose between compliance and religious beliefs. The ruling seems to reinforce the organization’s stance in safeguarding religious liberties within healthcare practices and business operations.
The case is Christian Employers Alliance v. U.S. Equal Employment Opportunity Commission et al., case number 1:21-cv-00195, in the U.S. District Court for the District of North Dakota.
Caucasian Colorado Worker’s 10th Circ. Loss in DEI Harassment Claim May Aid Future DEI Challenges
The Tenth Circuit recently dismissed a lawsuit brought by a former Colorado Department of Corrections officer, Joshua Young, who claimed racial harassment due to a mandatory diversity, equity, and inclusion (DEI) seminar. Although the court upheld the dismissal, commentators have stated that the decision outlines a roadmap for future challenges to DEI training programs. Management-side employment attorneys note that the court didn’t shut down the possibility of such claims, and actually set clear guidelines for potential future successes. The court expressed concerns about the content of Colorado’s DEI initiative, suggesting that ongoing commitment to similar programs could lead to plausible claims of hostile workplace environments. U.S. Circuit Judge Timothy Tymkovich emphasized that “race-based rhetoric” in such training sessions might foster racial discrimination and stereotypes. Additionally, Judge Tymkovich warned that requiring employees to endorse specific race-based ideological platforms could result in legal challenges. Although the decision may seem like a win for DEI advocates, the decision arguably provides a roadmap for potential future challenges to DEI training rather than being a rejection of such initiatives.
The case is Young v. Colorado Department of Corrections et al., case number 23-1063, in the U.S. Court of Appeals for the Tenth Circuit.
Jeff Burke is an attorney at MacElree Harvey, Ltd., working in the firm’s Employment and Litigation practice groups. Jeff counsels businesses and individuals on employment practices and policies, executive compensation, employee hiring and separation issues, non-competition and other restrictive covenants, wage and hour disputes, and other employment-related matters. Jeff represents businesses and individuals in employment litigation such as employment contract disputes, workforce classification audits, and discrimination claims based upon age, sex, race, religion, disability, sexual harassment, and hostile work environment. Jeff also practices in commercial litigation as well as counsels business on commercial contract matters.
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