EEOC Provides New Resources Re: Sexual Orientation and Gender ID Discrimination

The federal Equal Employment Opportunity Commission (EEOC) recently announced new resources to help employers, employees, and applicants understand the EEOC’s position regarding sexual orientation and gender identity discrimination.

Last summer, in Bostock v. Clayton County, the U.S. Supreme Court held that firing an employee on the basis of their sexual orientation or gender identity violated Title VII’s prohibition on discrimination because of sex. The EEOC resources includes new technical assistance about the Bostock decision and the EEOC’s positions on the laws it enforces.

Harassment can include, for example, offensive or derogatory remarks related to sexual orientation, homophobic slurs or name-calling, repeated, deliberate use of the wrong name or gender pronouns (e.g., he or she), and shaming an employee for not acting or dressing in a way that reflects the sex the employee was assigned at birth.

The EEOC’s new resources provide clarity as to best practices for employers subject to Title VII. Employers should review the resources and begin taking steps to comply, including training employees and supervisors on what illegal sexual orientation and gender identity discrimination and harassment look like. If you don’t know where to start, Employers Council can help. Give us a call.