Wednesday, May 4, 2016

EEOC Issues New Fact Sheet Related to LGBT Discrimination

Yesterday, the EEOC issued a new Fact Sheet titled, "What you Should Know About EEOC and the Enforcement Protections for LGBT Workers."  You can find it on the EEOC's website at:  https://www.eeoc.gov/eeoc/newsroom/wysk/enforcement_protections_lgbt_workers.cfm

Therein, the EEOC tells employers it:
  1. interprets Title VII's prohibition against sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation;
  2. will not recognize an employer's reliance on a contrary state or local law as a defense; and
  3. will consider a wide range of conduct to be discriminatory, including the failure to use the name and gender pronoun that correspond to the gender identity with which an employee identifies.
The EEOC's position that it will not recognize state law to the contrary is certain to result in an increase in litigation.