Last June, in Bostock v. Clayton County, Ga., the Supreme Court ruled that Title VII of the Civil Rights of 1964 prohibits discrimination in the workplace based on sexual orientation or gender identity. We covered that historic ruling, and you can find our original article here.
Although the Court’s ruling was broad in a sense, it was limited in another, as the Court took pains to say that it was not deciding certain issues (such as religious exemptions or facilities access). Rather, the Court repeatedly stated it was focused on the simple issue of an employee being terminated for their sexual orientation or gender identity. This part of the ruling has left some employers wondering how they should work through other workplace issues in light of the Court’s ruling.
To that point, the EEOC has launched a resource page on sexual orientation and gender identity. The page includes the EEOC’s position on what kinds of acts in the workplace can constitute employment discrimination or harassment based on sexual orientation or gender identity. It also links to the EEOC’s more detailed technical guidance document on this issue, provides a fact sheet on notable litigation the EEOC is following, and includes litigation and enforcement statistics.
As the law continues to evolve and progress, the EEOC’s resource hub is worth your time – check it out.