While the Trump administration does not agree that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on gender identity, the EEOC has continued to pursue claims on that basis. The federal circuit courts of appeals are split on a related issue, and the U.S. Supreme Court recently declined to intervene.
Until either the Supreme Court or Congress steps in, employers are left without much guidance. Generally, however, management-side attorneys are recommending that employers add LGBTQ status to their EEO policies. It’s well-settled that gender stereotyping can amount to sex discrimination, and experts warn that the line between stereotyping and straightforward LGBTQ discrimination is a fine one.
