Jillian T. Weiss, Of Counsel, Employment attorney, Outten & Golden LLP

Jillian T. Weiss

About

JILLIAN T. WEISS is Of Counsel to Outten & Golden LLP, and a member of the firm’s Lesbian, Gay, Bisexual, Transgender & Queer Workplace Rights (LGBTQ) Practice Group. Prior to joining the firm in 2019, Dr. Weiss was Executive Director of the Transgender Legal Defense & Education Fund, a Professor of Law & Society at Ramapo College, and in private law practice. She received her B.A. from Yeshiva University in 1983, her J.D. from Seton Hall University in 1986, and her Ph.D. (Law & Society) from Northeastern University in 2004.

Dr. Weiss co-litigated the first transgender employment rights cases with the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice. She has published several law review articles on transgender legal issues, was the first transgender member of the Board of Directors of Lambda Legal, and is a member of the Committee on Labor & Employment for the Association of the Bar of the City of New York.

She was the longtime Chair of the annual Transgender Law Symposium, and founding Executive Director of the National Transgender Bar Association. Dr. Weiss has also consulted with major corporations, public agencies and educational institutions regarding gender identity policies, including Harvard University, Boeing and New York City. She has received several awards for her advocacy for the LGBTQ community, including the New York State LGBT Bar Association’s Community Vision Award and the Arthur Leonard Award for Service from the LGBT Rights Committee of the New York City Bar Association.

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Bar Admissions & Professional Activities

  • Dr. Weiss is admitted to practice in New York and New Jersey, and is a member of the New York City Bar’s Labor & Employment Committee, National Employment Lawyer’s Association and the American Bar Association. She is also admitted to practice in the Southern and Eastern Districts of New York, the District of New Jersey, and the Eleventh Circuit U.S. Court of Appeals.

  • Member, American Bar Association

  • Member, National Employment Lawyers Association (NELA) 

  • Member, ABCNY Committee on Labor & Employment

  • Member, National Trans Bar Association 

  • Member, NYC Women’s Bar Association

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Speaking Engagements

2018

  • Panelist: "The Impact of Renee Richards v. US Tennis Association 40 years later," Brooklyn Women's Bar Association
  • Panelist: "Legal Update: Sex Discrimination and Sexual Orientation and Gender Identity," American Bar Association Conference on Labor & Employment

2017

  • Guest appearance: "Segment: US Withdraws Title IX Guidance for Transgender Students," Tucker Carlson, Fox News

2016

  • Panelist: "A Conversation on Transgender Rights," Fordham Law School

2015

  • Presenter: "Legal Protections for Transgender Employees," Philadelphia Transgender Wellness Conference

2014

  • Panelist: "Access to Gender Segregated Facilities," National LGBT Bar Association, Transgender Law Institute
  • Panelist: "Transgender Rights at Work: A Legal and Practical Overview," National Employment Lawyers’ Association, New York Regional Association
  • Presenter: "Continuing Legal Education Presentation, Transgender Employment Law Issues," Pennsylvania Bar Institute

2013

  • Panelist: "Employment Law: The Next Frontier in a Post-Macy World, Transgender Law Institute," National LGBT Bar Association
  • Panelist: "Legal Issues in the Post-DADT Military," National LGBT Bar Association

2012

  • Panelist: "Sex Stereotyping in Anti-Discrimination Law," National LGBT Bar Association
  • Panelist: "Morning Plenary, 50 Top Annual Developments in Transgender Law," National LGBT Bar Association, Transgender Law Institute

2011

  • Panelist: "Making Up Working Women," National LGBT Bar Association

2010

  • Presenter: "Religious Freedom and GLBT Anti-Discrimination Law," Florida Coastal Law School, Jacksonville, FL
  • Facilitator: "Employment Litigation for Experts," National LGBT Bar Association, Transgender Law Institute
  • Panelist: "Morning Plenary, 50 Top Annual Developments in Transgender Law," National LGBT Bar Association, Transgender Law Institute

2009

  • Panelist: "Coming out at work: the position of gay and lesbian employees around the world," International Bar Association Conference, Madrid, Spain
  • Presenter: "Constitutional Gender," National LGBT Bar Association Conference, Brooklyn, NY
  • Presenter: "A Constitutional Right to Gender Autonomy," Touro Law School, Islip, NY
  • Presenter: "The Meaning of “Sex” in Title VII," Temple University Law School, Philadelphia, PA

2007

  • Keynote Speaker: "Including and Engaging people who are transgender and bisexual," Northwest Diversity Learning Series, Seattle, WA
  • Presenter: "Relationships between Transgender Non- Discrimination Law and Corporate Policies," Law and Society Association Conference, Berlin, Germany
  • Conference organizer and Principal speaker: "Transgender Workplace Diversity Works," Ramapo College, Mahwah, NJ

2006

  • Panelist: "Dangerous Discussions in the Classroom," State of the Africana Professoriate Conference, Ramapo College
  • Presenter: "Employer Policy Tools for Employee Gender Transition," Out and Equal National Workplace Summit, Chicago, Illinois
  • Presenter: "Gender Identity Recognition in the Courts," Law and Society Association National Conference, Baltimore, MD
  • Panelist: "Teaching Law and Society: Is There Any There There?," Law and Society Association National Conference, Baltimore, MD
  • Panelist: "Balancing Professional Education with the Liberal Arts," Consortium for Undergraduate Law and Justice Programs Annual Meeting, Baltimore, MD
  • Presenter: "The Bathroom Issue," Translating Identity National Conference, University of Vermont

2005

  • Panelist: "Teaching the Canon," Collaborative Research Network on Teaching Law and Society, Law and Society Association National Conference, Las Vegas, NV
  • Presenter: "Gender Identity and Identity Regulation in the 21st Century Workplace," Law and Society Association National Conference, Las Vegas, NV
  • Presenter: "Transgender Workplace Activism," Trans Justice National Conference, Center for Lesbian and Gay Studies, City University of New York, New York, NY
  • Plenary roundtable discussion: "Social Change and Justice: Who’s Making Decisions? Is There an Agenda?," Trans Justice National Conference, Center for Lesbian and Gay Studies, City University of New York, New York, NY
  • Presenter: "Transgender Policies Specific to Large Corporations," Translating Identity National Conference, University of Vermont

2004

  • Speaker: "From Plessy v. Ferguson (1896) to Grutter v. Bollinger (2003): The Supreme Court and the Legal History of Educational Diversity in the US," Colloquium, School of Social Science and Human Services, Ramapo College
  • Speaker: "Sex At Work: Transgender Policies in U.S. Employers," Colloquium, School of American and International Studies, Ramapo College
  • Presenter: "Sex At Work: Transgenders in the U.S. Workplace," Translating Identity National Conference, University of Vermont
  • Speaker: "Legal Implications of the Patriot Act," Teach-In, R-CORE, Ramapo College
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Publications & Articles

Protecting Transgender Students: Application of Title IX to Gender Identity or Expression and the Constitutional Right To Gender Autonomy

13 Wisconsin Journal of Law and Gender 331 (2013).

Gender Autonomy, Transgender Identity and Substantive Due Process: Finding a Rational Basis for Lawrence v. Texas

5 Touro Journal of Race, Gender and Ethnicity 1 (2010).

The First Amendment Right To Free Exercise Of Religion, Nondiscrimination Statutes Based On Sexual Orientation And Gender Identity, And The Free Exercise Claims Of Non-Church-Related Employers

12 Florida Coastal Law Review 15 (2010).

An Attorney’s Perspective on Fraud Related to Health Care

16 Journal of Controversial Medicine, 9 (2009). (Peer reviewed journal)

Teaching Transgender Issues: Global Social Movements Based on Gender Identity. In Johnson III, Richard (Ed.), A Twenty-first Century Approach to Teaching Social Justice: Educating for Both Advocacy and Action

Book Chapter, Harrington Park Press 2009

Transgender Identity, Textualism and the Supreme Court: What is the “Plain Meaning” of “Sex” in Title VII of the Civil Rights Act of 1964?

18 Temple Political and Civil Rights Law Review 573 (2009).

Ms. Etiquette and the Transgender Employee: Is Nothing Private Any More? In Harris, Mark and Howe, Cymene (Eds.), 21st Century Sexualities: Contemporary Issues in Health, Education and Rights

Book Chapter, Routledge 2007

The Lesbian Community and FTM Transsexuals: Détente in the Butch/FTM Borderlands

11 The Journal of Lesbian Studies 219 (2007). (Peer reviewed journal) (Also a book chapter)

Transgender Workplace Diversity: Policy Tools, Training Issues and Communication Strategies for HR and Legal Professionals

Booksurge Publishing 2007

GL vs. BT: The Archaeology of Biphobia and Transphobia in the U.S. Lesbian and Gay Community

3 Journal of Bisexuality 25 (2004). (Peer reviewed journal) (Also a book chapter)

The Gender Caste System: Identity, Privacy and Heteronormativity

10 Law & Sexuality 123 (2001).

The Exception to the Exclusion In Liability Insurance Contracts Through A Procedural Lens

33 Washburn Law Journal 364 (1994); reprinted in 7 National Insurance Law Review 399 (1994).

A Natural Law Approach to Remedies for the Liability Insurer's Breach of the Duty to Defend: Is Estoppel of Coverage Defenses Just?

57 Albany Law Review 145(1993).

Note, The Child Pornography Act of 1984: Child Pornography and the First Amendment

9 Seton Hall Legislative Journal 327 (1985).

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Awards & Recognition

  • New York LGBT Bar Association Community Vision Award

  • New York City Bar LGBT Committee Arthur Leonard Service Award

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