EEOC’s new guidance regarding sexual orientation and gender identity workplace discrimination

Employers subject to Title VII should review the EEOC’s resources and take steps to comply, including:

• Updating discrimination and harassment policies to include sexual orientation and gender identity.
• Revising grooming and dress codes.
• Developing a plan for what to do if an employee “comes out” or plans to “transition”, including how to update the employee’s public-facing image and what accommodations may be needed. (Some documents may use an employee’s chosen name, but other documents require recording an employee’s legal name and gender, and may not be changed absent a court order or other government record.)
• Updating documents to include diverse sexual orientations and gender identities.
• Training workers on the implications of Bostock.
• Reminding employees of the reporting procedure for discrimination or harassment of any kind.

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