On June 15, 2021, the US Equal Employment Opportunity Commission (EEOC) announced the release of new resources 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 (SOGI) discrimination in employment.
The new EEOC SOGI landing page consolidates information the public needs to know about the scope of protections against discrimination based on sexual orientation and gender identity, as well as information about harassment, retaliation, and how to file a charge of discrimination with the EEOC. Additionally, there are links to EEOC statistics and a new technical assistance document concerning recent EEOC litigation and federal sector decisions regarding SOGI discrimination.
The new landing page reminds the user that it is unlawful to subject an employee to workplace harassment that creates a hostile work environment based on sexual orientation or gender identity. Harassment can include, for example, offensive or derogatory remarks about sexual orientation (e.g., being gay or straight). Harassment can also include, for example, offensive or derogatory remarks about a person’s transgender status or gender transition.
The materials are part of EEOC’s effort to ensure that the public can find accessible, plain language materials in a convenient location on EEOC’s website. The technical assistance document provides the following:
- Explains the significance of the Bostock ruling (illegal termination based on gender identity);
- Compiles in one location information about sexual orientation and gender identity discrimination;
- Consistent with Bostock, reiterates the EEOC’s established positions on basic Title VII concepts, rights, and responsibilities as they pertain to discrimination based on sexual orientation and gender identity; and
- Provides information about the EEOC’s role in enforcing Title VII and protecting employees’ civil rights.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.
EEOC’s new landing page for SOGI discrimination can be accessed here.
EEOCs new technical assistance document can be accessed here.
EEOC’s federal sector decisions regarding sexual orientation and gender identity discrimination can be accessed here.
Compliance Perspective
Issue
The law forbids sexual orientation and gender identity discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. It is unlawful to subject an employee to workplace harassment that creates a hostile work environment based on sexual orientation or gender identity. Harassment can include offensive or derogatory remarks about sexual orientation. SOGI discrimination is prohibited in the workplace. Most states have enacted their own additional laws regarding workplace discrimination. It is essential that administration and human resources are aware of their state-specific laws.
Discussion Points
- Review your policies and procedures for prevention of discrimination. Ensure that your state’s laws for protection from discrimination and prevention of SOGI discrimination are included in your policies and procedures. Update your policies as needed.
- Train staff about their rights to be free of discrimination in the workplace, including SOGI discrimination. Teach staff to report any concerns of discrimination to their immediate supervisor, the administrator, human resources, the compliance and ethics officer, or through the facility’s hotline.
- Periodically audit by anonymously polling staff to determine if they may be experiencing discrimination in the workplace, or if they have observed it happening to others. In addition, ensure that all staff are aware of how to report any concerns of discrimination.
