Gender Identity, Sexual Orientation, and the Shifting Legal Landscape
Workplace protections around gender identity and sexual orientation remain a key area of focus - both for employers building inclusive cultures and for regulatory agencies tasked with enforcing anti-discrimination laws. But with the EEOC now back at full decision-making power, employers should stay alert to how the agency’s enforcement priorities may shift.
Recent moves suggest the EEOC may limit its pursuit of certain gender identity claims. Still, the Supreme Court’s Bostock v. Clayton County decision, along with a patchwork of state and local laws, ensures this area of law remains both highly relevant and legally binding.
So what does this mean for employers right now? In short: maintain your commitment to respect and inclusion - and make sure your practices are consistent, documented, and legally grounded.
The Legal Landscape Is Evolving - But Protections Still Apply
The Bostock ruling made it clear: discrimination based on sexual orientation or gender identity is a form of sex discrimination under Title VII. Even if the EEOC narrows its scope of investigation, that legal precedent still stands, and courts continue to enforce it.
Meanwhile, many states and municipalities have laws that go beyond federal protections, covering things like:
Access to restrooms aligned with gender identity
Use of preferred names and pronouns
Dress codes or grooming standards
Harassment prevention and complaint procedures
It’s critical that your policies are consistent with both federal law and the jurisdictions in which your employees live and work.
What Employers Should Do
To reduce risk and foster an inclusive workplace, employers should:
Maintain strong anti-discrimination and anti-harassment policies that explicitly include sexual orientation and gender identity and emphasize a respectful work environment
Train managers on how to handle issues related to gender identity, including privacy, restroom access, and respectful communication in line with legal requirements
Ensure complaint procedures are clear, accessible, and consistently enforced
Monitor state and local developments that may expand or clarify legal protections in your area