Equal Employment Opportunity Commission: Prohibition of Discrimination Based on Sexual Orientation and Gender Identity under Title VII of the Civil Rights Act

Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against applicants, as well as current and former employees, based on race, gender, color, religion, or national origin. In Bostock v. Clayton County , the court interpreted Title VII’s prohibition on gender discrimination in the workplace as including a prohibition on discrimination based on sexual orientation and gender identity. As a result, employers cannot let employees’ actual or perceived sexual orientation or gender identity unfavorably affect their decisions regarding hiring, firing, promoting, demoting, disciplining, training, assigning work, paying wages, and conferring other benefits. This holds true even if the decision is motivated by customers’ preferences and applies even where no state or local laws protect employees against discrimination based on sexual orientation or gender identity. Instances of such discrimination comprise refusing to allow a transgender person to present in a way that is consistent with their gender identity ( Macy v. Department of Justice , EEOC Appeal No. 0120120821), denying them access to bathrooms corresponding to their gender identity ( Lusardi v. Department of the Army , EEOC Appeal No. 0120133395), or intentionally and repeatedly using a name or pronoun that they rejected ( Lusardi v. Department of the Army , EEOC Appeal No. 0120133395). Notably, such a prohibition against discrimination based on sexual orientation and gender identity applies irrespective of the employee’s sexual orientation or gender identity, i.e. it protects straight or cisgender people as well. An employee who believes they have suffered from discrimination based on sexual orientation or gender identity should file a charge of discrimination with the Equal Employment Opportunity Commission .

Topics

• Employment discrimination
• Gender discrimination
• LGBTIQ

Geographical location

• North America
• United States

Keywords

• homophobia
• transgender rights
• trans rights
• transphobia

Year

• 2021

External URL

• Equal Employment Opportunity Commission: Prohibition of Discrimination Based on Sexual Orientation and Gender Identity under Title VII of the Civil Rights Act

Type

• Reference Guides

Jurisdiction

• United States