During June Pride Month, the EEOC launched an informational page addressing Sexual Orientation and Gender Identity (SOGI) Discrimination. The site addresses last year’s Supreme Court decisions which recognized that Title VII protected a person from discrimination based upon their sexual orientation or their gender identity.

The site also provides practical information. As the EEOC will be processing claims of SOGI discrimination, employers may want to be fully informed on issues which might arise. The site links to various EEOC resources including its assistance document titled Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity; its Fact Sheet titled Facility/Bathroom Access and Gender Identity; and a special section addressing Youth at Work.

The EEOC has also updated some of its FAQs to address SOGI issues, including –

What are some examples of discrimination or harassment based on sexual orientation?

Examples of sexual orientation harassment include offensive jokes or comments related to sexual orientation, homophobic slurs or name calling, and unwelcome touching or sexual gestures. Sexual orientation discrimination may include, for example, firing or demoting employees because of their sexual orientation or because they threatened to take legal action because of unfair treatment at work related to their sexual orientation.

What are some examples of discrimination or harassment based on gender identity?

Gender identity harassment may include repeated, deliberate use of the wrong name or gender pronouns (such as he or she), shaming an employee for not acting or dressing in a way that reflects the sex the employee was assigned at birth, refusing to allow an employee to use the restroom associated with the gender the employee identifies with, or other offensive comments or conduct related to gender identity. Examples of gender identity discrimination include refusing to hire an applicant after learning about the applicant’s gender identity, refusing to allow an employee to use the restroom associated with the gender the employee identifies with, firing an employee for announcing plans to transition, or requiring employees to appear at work as the gender they were assigned at birth.

These resources may be helpful to employers not only to ensure compliance with the law but for those employers who may be faced with educating others about the rights of their LGBTQ+ employees.

By Kristen L. Brightmire, kbrightmire@dsda.com