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EEOC Announces New Resources About Sexual Orientation and Gender Identity Workplace Rights

The U.S. Equal Employment Opportunity Commission (EEOC) is observing LGBTQ+ Pride Month, and the anniversary of the U.S. Supreme Court ruling in Bostock v. Clayton County, by announcing 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 discrimination in employment in accordance with Title VII of the Civil Rights Law.

Title VII applies to employers with 15 or more employees, excepting tribal nations. Title VII protects applicants, current employees and former employees of covered employers, regardless of their employment status (i.e., full-time, part-time, seasonal or temporary), and citizenship or immigration status.

The materials include a new landing page on the EEOC website that consolidates information concerning sexual orientation and gender identity discrimination and a new technical assistance document to help the public understand the Bostock decision and established EEOC positions on the laws the Agency enforces.

The new landing page also 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 updated fact sheets concerning recent EEOC litigation and federal sector decisions regarding sexual orientation and gender identity discrimination.

These materials are part of the EEOC’s effort to ensure that the public can find accessible, plain language materials in a convenient location on EEOC’s website. Neither the new landing page, nor the new technical assistance document titled: “Protections Against Employment Discrimination Based on Sexual Orientation and Gender Identity” state new EEOC policy; rather, these resources rely on prior positions adopted by the EEOC.  The technical assistance document:

  • Explains the significance of the Bostock ruling;
  • Compiles in one location information about sexual orientation and gender identity discrimination;
  • 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.

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