Congress Revives LGBTQ+ Rights Bill: What Employers Should Know

This week, lawmakers in both the House and Senate reintroduced the Equality Act, a bill that would explicitly prohibit discrimination based on sexual orientation and gender identity across numerous areas of federal law.

Although the bill has strong Democratic support, it lacks bipartisan backing—and given the political composition of Congress and the current administration’s stance, it is unlikely to become law during this session. Still, its reintroduction offers employers a timely opportunity to review existing policies and ensure compliance with current law.

---

TL;DR: The Equality Act would explicitly extend federal civil rights protections to LGBTQ+ individuals in employment, housing, education, credit, jury service, and public accommodations. While it is unlikely to pass in the current political environment, federal law already prohibits LGBTQ+ employment discrimination, many states offer broader protections, and most large employers already have inclusive policies in place.

---

What the Equality Act Would Do

The Equality Act proposes amending several key civil rights statutes—including Title VII, the Fair Housing Act, and the Equal Credit Opportunity Act—to:

• Explicitly include sexual orientation and gender identity as protected characteristics;

• Apply these protections in employment, housing, education, credit, jury service, and public accommodations;

• Prevent use of the Religious Freedom Restoration Act (RFRA) as a defense to discrimination claims under those laws.

While the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County confirmed that Title VII’s prohibition on sex discrimination encompasses sexual orientation and gender identity, the Equality Act would codify and expand those protections into other areas of federal law.

Why Passage Is Unlikely

Despite broad support among Democrats, the bill currently has no Republican co-sponsors. And with President Trump taking steps to oppose related civil rights expansions, the prospects for enactment are low.

Employer Takeaways

Even if the Equality Act does not become law this year, employers still have clear legal obligations—and sound business reasons—to support LGBTQ+ inclusion.

1. Federal law already protects LGBTQ+ employees from discrimination.

In Bostock, the Supreme Court held that Title VII’s ban on sex discrimination includes sexual orientation and gender identity. This applies to most employers with 15 or more employees.

2. Many states and localities provide additional protections.

• Currently, 22 states and the District of Columbia explicitly prohibit employment discrimination based on both sexual orientation and gender identity.

• Many municipalities have also enacted local non-discrimination ordinances.

• Coverage varies significantly, making compliance particularly important for multi-state employers.

3. Most large employers already include LGBTQ+ protections in their policies.

Many employers voluntarily include protections based on sexual orientation and gender identity in their:

• Equal Employment Opportunity statements

• Anti-harassment and training programs

• Diversity, equity, and inclusion (DEI) efforts

According to the Human Rights Campaign’s 2025 Corporate Equality Index, 95% of Fortune 500 companies have nondiscrimination policies covering both sexual orientation and gender identity.

Final Thoughts

The Equality Act may face long odds in Congress, but the legal and cultural momentum behind LGBTQ+ protections continues to grow. Employers should stay informed, revisit their internal policies, and ensure they’re fostering respectful, inclusive workplaces that meet both legal requirements and employee expectations.