EEOC Publishes New Resources About Sexual Orientation and Gender Identity Workplace Rights

Arent Fox

Arent Fox

This week, to observe LGBTQ+ Pride Month and the anniversary of the US Supreme Court ruling in Bostock v. Clayton County, holding that firing employees due to their sexual orientation or transgender status violates Title VII’s prohibition against sex discrimination, the EEOC released new resources. The new materials aim to educate employees, applicants, and employers about the rights of all employees, including lesbian, gay, bisexual, and transgender workers, to be free from sexual orientation and gender identity discrimination.

The release includes a new landing page on the EEOC website that consolidates information concerning sexual orientation and gender identity discrimination. It includes, as well, a new technical assistance document written to help the public understand the Bostock decision and EEOC positions on the laws that it enforces.

The new landing page summarizes protections against discrimination based on sexual orientation and gender identity and provides information about harassment, retaliation, and how to file a discrimination charge. Also, it links to EEOC statistics and updated fact sheets concerning recent EEOC litigation and federal sector EEO cases involving sexual orientation and gender identity discrimination.

“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 explained with the release. “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.”

The EEOC’s new landing page announces no new policies; rather, it summarizes established Commission positions.

Likewise, the new technical assistance document, which:

  • Explains why the Bostock ruling is significant;
  • Compiles information about sexual orientation and gender identity discrimination;
  • Reiterates, consistent with Bostock, the EEOC’s position on basic Title VII concepts, rights, and responsibilities pertaining to sexual orientation and gender identity discrimination; and
  • Explains the EEOC’s role in enforcing Title VII and protecting employees’ civil rights.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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