Numerous lawsuits and federal agencies may serve to shape labor and employment law across the country and in North Carolina. Here is a summary of some recent or pending outcomes:

Discrimination Based on Gender Identity or Sexual Orientation

• In Grimm v. Gloucester County School Board, the Fourth Circuit ruled in favor of a transgender male high schooler, observing that if a school provides sex-segregated bathrooms pursuant to Title IX, transgender students may use the restroom associated with their gender identity.
• In Carcano v. McCrory, a North Carolina federal court will consider whether the controversial HB2 violates Title IX and equal protection rights of a lesbian employee, a transgender student, and a transgender employee of our state universities.
• In two separate cases, EEOC v. Pallet Companies and EEOC v. R.G. & G.R. Funeral Homes, Inc., other federal courts will consider Title VII claims for wrongful termination or harassment of employees, respectively a lesbian and a transgender female, based on the workers’ sexual orientation or non-conformity with the employer’s gender expectations or stereotypes.
• In Broussard v. First Loan Tower, LLC, a federal court will consider a Title VII claim for wrongful termination based on a transgender male employee’s gender identity when the employee produced a driver’s license, indicating “female,” to a manger to complete employment paperwork and explained his transgender status.
• In Lusardi v. McHugh, a transgender female was restricted to using a single stall restroom instead of the women’s restroom. The EEOC ruled that supervisory or co-worker confusion does not justify discriminatory employment conditions.
• The U.S. Department of Labor Occupational Health and Safety Administration has instructed that an employee should be permitted to use a restroom corresponding to gender identity and that the employee may choose the safest and most appropriate option.

• North Carolina allows certain individuals with epilepsy to use and possess extracts from marijuana plants.
• In Colorado, in Coats v. Dish Network, a court upheld the termination of a quadriplegic employee who used medical marijuana because use of marijuana still violates federal law and remains a lawful basis for termination even if state law permits its use.
• If asked to accommodate medicinal marijuana, seek legal counsel.

• Warning, Sharp Curve Ahead: Changes to the Department of Labor’s Overtime Regulations May Be Fast Approaching.