Recent legislative developments in Utah, West Virginia, and Wyoming have introduced state laws aligning with Executive Order 14168 issued by President Donald Trump. These laws define sex as binary (male or female) and immutable, based on biological characteristics at birth. The laws primarily affect public schools and government-owned facilities but raise important compliance considerations for all employers.
Overview of the New State Laws
The newly enacted state laws include the following key provisions:
- Binary Definition of Sex: Each law defines sex as either male or female, determined at birth, and does not recognize gender identity as a basis for legal sex.
- Scope of Application: These laws apply to public institutions, including public schools and government buildings. They do not apply to private employers operating in private facilities.
- Facility Access Policies: The legislation is intended to guide how public facilities manage access to restrooms, locker rooms, and other sex-segregated spaces.
Federal Law and EEOC Guidance Remain in Effect
Despite changes in state law, federal protections continue to apply in the workplace. It is critical for employers to recognize the following:
- Bostock v. Clayton County remains binding law and prohibits discrimination based on sexual orientation and gender identity under Title VII of the Civil Rights Act.
- The U.S. Equal Employment Opportunity Commission (EEOC) issued updated sex-based harassment guidance in April 2024. This guidance continues to apply unless formally rescinded.
- Andrea Lucas, acting EEOC Chair, has announced plans to roll back guidance related to gender identity and pronoun usage. However, any rescission would require a quorum and formal vote by the Commission.
What Private Employers Need to Know
Private employers operating in these states are not subject to the new laws regarding the definition of sex. However, they must continue to:
- Comply with federal anti-discrimination laws, including Title VII.
- Monitor legal developments at both the state and federal levels.
- Maintain safe and inclusive work environments for all employees.
Next Steps for Employers
To ensure ongoing compliance with gender-based protections, employers should:
- Conduct a policy audit to ensure consistency with federal, state, and local laws.
- Revisit employee training and ensure that guidance reflects applicable legal requirements.
- Seek legal counsel when navigating state and federal conflicts in workplace policy.
- Monitor the EEOC for updates related to gender identity and harassment guidance.
How HR Works Can Help
HR Works provides expert support to help you navigate evolving state and federal employment laws. If you are a current client, please contact your designated HR Consultant. If you are not yet a client and would like to learn more about how we can support your compliance needs, visit our website, or call us at 1-877-219-9062.
