EEOC Marks Pride Month With Workplace Rights Resources on Sexual Orientation and Gender Identity
Posted on: June 30, 2021
EEOC Marks Pride Month With Workplace Rights Resources on Sexual Orientation and Gender Identity
As LGBTQ+ Pride Month comes to a close and we mark the second anniversary of the U.S. Supreme Court’s landmark decision in Bostock v. Clayton County, the U.S. Equal Employment Opportunity Commission (EEOC) recently announced a new resources page about sexual orientation and gender identity rights in the workplace. On the same day, the EEOC issued a technical assistance document on what the Bostock decision means for LGBTQ+ workers and employers across the country, as well as explanations of the EEOC’s established legal positions on LGBTQ+-related matters.
“All people, regardless of sexual orientation and gender identity, deserve an opportunity to work in an environment free from harassment or other discrimination,” EEOC Chair Charlotte A. Burrows said in a press release announcing the agency’s resource center on sexual orientation and gender identity. “The Supreme Court’s decision in Bostock v. Clayton County is a historic milestone that resulted from the struggle, sacrifice, and vision of many brave LGBTQ+ individuals and allies who had championed civil rights for the LGBTQ+ communities. The new information will make it easier for people to understand their rights and responsibilities related to discrimination based on sexual orientation and gender identity.”
Federal law prohibits employer discrimination against employees or applicants with respect to any aspect of employment, including practices relating to hiring, firing, compensation and benefits, job assignments, discipline, promotions, layoffs, and training. These resources can provide valuable insight to employers with regard to the rights of all employees and job applicants — including those who identify as lesbian, gay, bisexual, and transgender — to work in an environment that is free from discrimination based on sexual orientation or gender identity.
New EEOC Landing Page on Sexual Orientation and Gender Identity in the Workplace
The EEOC’s new landing page on sexual orientation and gender identity discrimination consolidates all relevant information in an easily accessible place. It includes basic information about the scope of the Bostock case, the types of conduct that federal law prohibits, the categories of individuals protected by the relevant laws, and what employees or job applicants can do if they believe they have been illegally discriminated against.
Visitors to the site can also access EEOC statistics and fact sheets about recent EEOC litigation.
The page also provides the following quick facts:
- The guidance on sexual orientation and gender identity applies to employers with 15 or more employees.
- Individuals generally have 180 days to file a charge of discrimination under federal law, but state law may extend that statute of limitations.
- However, federal employees or applicants who wish to file a charge have 45 days to contact an EEO counselor at the agency where they work or where they applied for a job.
EEOC Technical Assistance Document on Sexual Orientation and Gender Identity
Within the technical assistance document, titled “Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity,” the EEOC takes a deep dive into what Bostock — which the U.S. Supreme Court decided in June 2020 — means for LGBTQ+ workers and employers across the United States.
In Bostock, the Court issued a landmark decision holding that the prohibition against discrimination on the basis of sex under Title VII of the Civil Rights Act of 1964 includes any employment-related discrimination against a person because of their sexual orientation or because they are transgender.
The document further includes a list of frequently asked questions and answers to explain who reaps the benefits of Title VII protection and the circumstances under which it may arise. The EEOC also explains that non-LGBTQ+ job applicants and employees receive the same protections with regard to discrimination on the basis of sexual orientation and gender identity: “[E]mployers are not allowed to discriminate against job applicants or employees because the applicants or employees are, for example, straight or cisgender (someone whose gender identity corresponds with the sex assigned at birth). Title VII prohibits harassment and other forms of discrimination based on sexual orientation or gender identity.”
The EEOC explicitly states that an employer’s discriminatory actions based on sexual orientation or gender identity cannot be justified by actual or perceived customer or client preferences. An example of discriminatory behavior would be an employer’s decision to keep LGBTQ+ employees out of public-facing positions or to direct these employees toward specific locations, despite customers’ or clients’ wishes. Additionally, an employer may not discriminate against an employee or job applicant due to the employee’s belief that the employee or applicant fails to conform to gender-based stereotypes relating to behavior or appearance.
While employers have the right to have separated, sex-segregated bathrooms, locker rooms, and showers, case law prohibits an employer’s denying an employee equal access to the facilities that correspond to the employee’s gender identity.
What to Do if You Are the Subject of an EEOC Charge of Discrimination
If you are an employer and face allegations of discrimination based on an employee’s sexual orientation or gender identity, it is critical to seek a thorough independent investigation into the situation. In the face of an EEOC charge, independent investigators understand the urgency of sensitive workplace matters and employment issues, including those relating to discrimination, harassment, and hostile work environment. At Tribu Partners, in addition to independent workplace investigations, we also provide post-investigation services that help organizations remediate issues, repair processes, and build resilient and inclusive workplace cultures.
Do you have questions about workplace investigations or building inclusive workplace cultures? Contact us today.