The U.S. Equal Employment Opportunity Commission has stated definitively that it interprets, and will enforce accordingly, Title VII of the Civil Rights Act’s prohibition on sex discrimination as encompassing employment discrimination based on gender identity and sexual orientation. The Commission bulletin, released on July 15, 2016, confirms the agency’s position that protection for members of the LGBT (lesbian, gay, bisexual, and transgender) community against employment discrimination, and retaliation for reporting discrimination, will be available to both federal and private sector employees, regardless of any state and local laws that suggest otherwise. According to the agency, this directive serves as a floor for protection against discrimination on the basis of sexual orientation or gender identity; local or state laws that already explicitly prohibit discrimination on these bases remain operative. It is important that employers are prepared with updated policies that include gender identity/expression and sexual orientation as protected groups. Employers should also train and educate the workforce, particularly Human Resource professionals and front-line supervisors, on how to lead by example and prevent any forms of harassment based on gender identity/expression and sexual orientation.
United States