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Marking One Year of Bostock: EEOC Issues Guidance on Sexual Orientation & Gender Identity Discrimination
08/10/2021
By: Ashley McCall

A year ago, the Supreme Court deemed it unlawful to otherwise discriminate against individuals based on their sexual orientation or gender identity in Bostock v. Clayton County, Georgia, a decision that has become a historic milestone for LGBTQ+ rights. The Court explained that an employer who discriminates based on sexual orientation or transgender status necessarily discriminates based on sex because the discrimination is based on the masculine or feminine stereotypes assigned to a specific sex. The U.S. Equal Employment Opportunity Commission (EEOC) and other courts have interpreted Bostock to extend the same Title VII prohibition against sex discrimination and harassment to cover sexual orientation and gender identity discrimination and harassment.

The EEOC observed Bostock’s one-year anniversary by announcing the release of new educational resources that explain employees’ right to be free from sexual orientation and gender identity discrimination in employment. The new resources include a landing page and a technical assistance document to help the public understand Bostock and the EEOC’s position on sexual orientation and gender identity discrimination. The landing page consolidates statistics, fact sheets, information about the scope of protections against discrimination, information about harassment and retaliation, and the steps for filing a discrimination charge with the EEOC. The information does not provide a new policy but rather provides concise, accessible information about existing requirements under the law.

Notably, the EEOC’s opinions do not have the force of law but are highly influential in how courts interpret employment law.
 
EEOC Guidance

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Don Berner, the Labor Law, OSHA, & Immigration Law Guy
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