I'm not sure I agree. With all due respect.

Two courts have said yes, but one now says no.

As our readers know, discrimination against transgender individuals is often treated as sex discrimination under Title VII, as a form of unlawful "sex stereotyping."

But is it also a "disability" within the meaning of the Americans with Disabilities Act when an individual identifies with a gender other than his or her biological one?

Transgender individuals don't usually invoke the ...

The U.S. Department of Labor's new Persuader Rule, which was scheduled to take effect July 1 before it was temporarily blocked by a federal judge in Lubbock, Texas, has now been permanently enjoined. That means the new Rule is dead, subject to the DOL's right to appeal the decision. And, of course, with the incoming Trump Administration, it isn't clear whether the DOL will bother with ...

Don't mess with Texas.

In Lubbock yesterday, Judge Sam R. Cummings permanently enjoined the U.S. Department of Labor's Persuader Rule, which is great news for employers. David Phippen has the full story here. The DOL can appeal to the U.S. Court of Appeals for the Fifth Circuit (it's already appealing the preliminary injunction issued in June), but with the coming change in ...