Event Details

Over the past few years, the media has been obsessed with glamorizing the lives of transgender celebrities—from Caitlyn Jenner to LaVerne Cox of the Netflix Series, Orange is the New Black. At the same time,  as the movement to bring the transgender community into the mainstream of American  society continues to gain awareness and momentum, employers are encountering a number of challenges related to acknowledging and accepting transgendered individuals in the workplace and fulfilling their duty to prevent illegal discrimination. Some of these issues are not clear-cut or easily addressed because, at present, the applicable federal laws that prohibit discrimination in the workplace, Title VII of the Civil Rights Act as well as the Americans with Disabilities Act, do not explicitly offer protections to transgender individuals—even though many state and city anti-discrimination laws do provide such protection.

Although there is no definitive answer as to where federal law is headed, a reading of the tea leaves—from Secretary  Carter’s  recent  announcement that the DOD is lifting the ban on  transgender service members to the Obama Administration’s May 2016 directive that public schools should allow transgender students to use the bathroom associated with the gender that they identify with, suggests that it is reasonable and appropriate for employers to begin reviewing and if necessary revising their workplace policies and procedures to ensure that they are not engaging in practices that could deemed discriminatory towards transgender employees.

This presentation will include a detailed description of the relevant federal and state laws and recommended actions your company can take to ensure that it is not engaging in practices that could be perceived as discriminatory towards transgender individuals.

Presenter:  Mary M. McCudden,  Esq. Fox Rothschild

Mary focuses her practice on a variety of employment litigation matters. She defends both public entities and private clients in suits alleging various employment-related causes of action, including the New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection Act, Americans With Disabilities Act, New Jersey Workers’ Compensation Act and Breach of employment contacts.

Additionally, she assists organizations in maintaining compliance with developments in employment law and helps to create employment manuals and training programs to limit risk of future litigation.

Mary has also litigated matters involving, Section 1983 litigation, The New Jersey Tort Claims Act, Insurance coverage disputes and Appellate practice.

Prior to joining Fox Rothschild, Mary was a litigation associate at a New Jersey-based law firm. She also previously worked as a law clerk to the Honorable Joseph L. Foster of the Superior Court of New Jersey, Ocean Vicinage, Civil Division.

Mary mediates small claims cases in the Superior Court of New Jersey, Ocean Vicinage, Special Civil Part as an R. 1:40 qualified mediator. Mary is also a member of the Connecticut College Alumni Admissions Program where she interviews prospective candidates.