Law360 Features Article by Dawn Solowey, Alison Silveira, Lilah Wylde, and Julia Tape on Employer Risk Following Supreme Court Trans Sports Ruling

Law360 published an article by Dawn Solowey, Alison Silveira, Lilah Wylde, and Julia Tape: “Flashpoints In Focus: Employer Risk After Trans Sports Ruling.” The article, published on July 23, 2026 as a part of Seyfarth's monthly Cultural Flashpoints column, examines the workplace implications of the US Supreme Court’s decision in West Virginia v. B.P.J. and Little v. Hecox, particularly for schools, universities, and athletic departments that also serve as employers. 

The article highlights how disputes surrounding athletic participation policies may create employment-related challenges involving employee speech, workplace investigations, religious accommodations, and potential discrimination or retaliation claims. The authors outline practical steps educational institutions can take to navigate these issues while reducing legal and reputational risk.

The authors emphasize the importance of preparedness and robust employment practices, noting:

“By investing in sound employment policies, best practices investigations and a compliant process for religious accommodations — and committing to documenting performance management and employment decisions — educational institutions can create a culture where employees can respectfully hold divergent viewpoints on this divisive topic while minimizing negative morale and legal risk.”

The full article is available here.