In the wake of the Espy Awards and the Arthur Ashe Courage Award to Caitlyn Jenner, last week the EEOC reaffirmed its position that it recognizes LGBT discrimination as sex discrimination under Title VII. While the publication takes no new position on the subject, the agency stated that with increased focus on the legal issues associated with LGBT status, the publication serves as a reminder of its activities in protecting rights of LGBT individuals.
If charges filed with the EEOC are any indication of the increasing general awareness in society of LGBT issues, then Caitlyn Jenner might just be the icing on the cake. According to EEOC data,in the final three quarters of FY 2013 (January through September), EEOC received 643 charges that included allegations of sex discrimination related to sexual orientation and 147 charges that included allegations of sex discrimination based on gender identity/transgender status. In FY 2014, the EEOC received 918 charges that included allegations of sex discrimination related to sexual orientation and 202 charges that included allegations of sex discrimination based on gender identity/transgender status. For the first two quarters of FY 2015, EEOC received 505 charges that included allegations of sex discrimination related to sexual orientation and 112 charges that included allegations of sex discrimination based on gender identity/transgender status. Clearly workers are more comfortable raising these issues than ever before.
The new publication also reiterated its recent holdings on the issue. In various decisions since 2012, the EEOC has held that discrimination against an individual because that person is transgender, lesbian, gay, or bisexual is discrimination because of sex and therefore is prohibited under Title VII of the Civil Rights Act of 1964. The Commission also reiterated that it “accepts and investigates charges alleging sexual-orientation discrimination, such as claims of sexual harassment or allegations that an adverse action was taken because of a person's failure to conform to sex-stereotypes.
The takeaway for employers is simple. They must be sensitive to LGBT discrimination in both the context of harassment as well as other adverse workplace action. Employers should ensure to include transgender, gay, lesbian and bisexual concerns in their policies. Moreover, discrimination issues of the LGBT community should be addressed in training to both supervisors and staff as well.
