Employment Law Report

EEOC Releases New Technical Assistance Document regarding Sexual Orientation and Gender Identity Workplace Rights

By: Courtney Samford

Earlier this month, the EEOC released a new technical assistance document that explains the U.S. Supreme Court’s ruling in Bostock v. Clayton County, as well as other resources to educate employees, applicants and employers about the rights of all employees, including lesbian, gay, bisexual and transgender workers.  In the landmark Bostock decision, which was decided last year, the U.S. Supreme Court held that the prohibition against sex discrimination in Title VII includes employment discrimination against an individual on the basis of sexual orientation or transgender status.

The new EEOC materials do not announce any new policy, nor do they constitute binding law on employers.  Instead, the EEOC has explained that the documents, located here and here, are intended to provide clarity to the public regarding existing requirements under the law.