Employers should review their diversity, equity, and inclusion (DEI) and anti-discrimination policies as federal and state laws protecting transgender workers continue to take shape. The Equal Employment Opportunity Commission (EEOC) recently filed a first-of-its-kind lawsuit on behalf of a transgender employee who was allegedly harassed based on their gender.
The agency’s action aligns with its five-year enforcement strategy highlighting its commitment to protecting workers — including transgender individuals — who are from underserved communities. You should also note that many states have their own laws that may afford greater protections for LGBTQ+ workers.
However, seemingly contradictory laws and court rulings — regarding bathroom access, pronoun usage, and other policies — are causing some confusion for employers. While the U.S. Supreme Court may ultimately need to weigh in on lingering legal questions, employers should keep in mind the goal of creating a healthy, safe, and inclusive environment for all workers.
As we wait for further legal guidance, here’s a review of transgender employees’ workplace rights, as well as three best practices for employers to create an inclusive environment.
Expanded LGBTQ+ Workplace Protections
At the federal level, employment protections for transgender individuals have expanded in recent years. Here are several key takeaways you should note from the U.S. Supreme Court’s landmark 2020 decision in Bostock v. Clayton County and the...
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