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The Employer Handbook Blog
Articles Posted in Gender Identity
While the EEOC facilitates bias claims for non-binary employees, here are seven ways to support them at work.
The nation’s anti-discrimination enforcer is promoting greater equity and inclusion for members of the LGBTQI+ community. Soon, non-binary individuals can select a nonbinary “X” gender marker during the voluntary self-identification questions that are part of the intake process for filing a charge of discrimination. Continue reading
Everything “employment law” mentioned in last night’s State of the Union Address
In case you missed President Biden’s State of the Union Address last night, I’ve got you covered with everything HR compliance that came up. Continue reading
A federal court says certain religious employers may discriminate against LGBT employees
Image Credit: PublicDomainPictures.Net (Judge Gavel)
Do you remember back in 2020, when the Supreme Court in Bostock v. Clayton County held that Title VII of the Civil Rights Act of 1964 forbids employment discrimination based on LGBT status? But the court did leave one issue open, namely, the implications for religious liberties and other matters arising from its decision.
Last week, a Texas federal court filled that gap by concluding that certain religious organizations are permitted to refrain from employing those who engage in conduct that violates their sincerely held religious beliefs. Continue reading
Can you refuse to a hire a transgender applicant because he won’t mix well with the customers?
Image Credit: Pxfuel (Having Doubts – Drawing of a Man on Blackboard – Illustration)
The short answer is no.
The longer answer is no effing way because that’s sex (gender identity) discrimination. And if that’s actually your rationale for not hiring someone, don’t double down on the stupid by admitting it to the applicant. Continue reading
Sex addiction. That isn’t a disability under the ADA is it? Or IS IT?!?!
I’ll bet you that they didn’t ask about this on the SHRM-CP exam, did they? Continue reading
A court just EVISCERATED two baseless arguments from the transphobic “bathroom police” at work
Image Credit: pxfuel.com
I’ve provided advice to plenty of employers on transgender employees using restrooms. For most companies, it’s not an issue. Employees can use the restroom corresponding to their gender identity. But, sometimes I get pushback. Continue reading
The Supreme Court’s silence on transgender bathroom use may speak volumes for your workplace
Marielam1, CC BY-SA 4.0, via Wikimedia Commons
Last year, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has discriminated based on sex in violation of Title VII of the Civil Rights Act of 1964. Yesterday, the Supreme Court declined to address the Fourth Circuit’s decision in G.G. v. Gloucester County School Board, where the appellate court ruled that under Title IX of the Education Amendments Act of 1972, transgender students may use the bathroom that corresponds to their gender identity. Otherwise, the school is discriminating based on sex.
While Bostock has nothing to do with bathrooms and G.G. has nothing to do with the workplace, I think you can see where I’m going here.
Happy Belated 1st Birthday to an LGBT rights landmark decision. I brought cake and presents! 🎂🎁
Stephanie Astono Salim, CC BY-SA 4.0, via Wikimedia Commons
Yep, we’re celebrating!
It’s time to reassess dress codes … before the ACLU darkens your door too
Sodacan, CC BY-SA 3.0, via Wikimedia Commons
An international airline is learning this lesson the hard way.
Continue reading