Last Updated on June 16, 2021

June 16, 2021 – The Equal Employment Opportunity Commission (EEOC) has announced the release of new employment resources intended to educate employees, applicants and employers on the rights of all employees—including lesbian, gay, bisexual and transgender workers—to be free from sexual orientation and gender identity discrimination in employment. These resources are not new EEOC guidance, but instead a consolidation of the agency’s positions on the laws it enforces.

This announcement comes as the EEOC observes LGBTQ Pride Month and the one-year anniversary of the U.S. Supreme Court ruling in Bostock v. Clayton County, which held that firing individuals because of their sexual orientation or transgender status violates Title VII’s prohibition on discrimination due to sex.

Overview of the New Resources

The materials include a new landing page on the EEOC’s website. Per the EEOC, this page consolidates information the public needs to know about the scope of protections against discrimination based on sexual orientation and gender identity. It also includes information about harassment, retaliation and how to file a charge of discrimination with the EEOC.

The resources include a new technical assistance program intended to help the public understand the Bostock decision and establish the EEOC’s positions on the laws the agency enforces. According to the agency, the technical assistance document:

• Explains the significance of the Bostock ruling
• Compiles information about sexual orientation and gender identity discrimination in one location
• Reiterates the EEOC’s established positions on basic Title VII concepts, rights and responsibilities as they pertain to discrimination based on sexual orientation and gender identity—all consistent with Bostock
• Provides information about the EEOC’s role in enforcing Title VII and protecting employees’ civil rights

Additionally, the new landing page includes links to EEOC statistics and updated fact sheets concerning recent EEOC litigation and federal sector decisions regarding sexual orientation and gender identity discrimination.

Employer Takeaway and Prevention

These materials are part of an EEOC effort to ensure that the public can easily access a consolidated set of materials in a convenient location on the EEOC’s website. In addition, employers can review these new resources to learn more.

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