We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
On March 31, 2022, the Equal Employment Opportunity Commission (“EEOC”) announced its intent to amend its Charge of Discrimination forms to create a new gender option for individuals to select—that is, an “X” to indicate nonbinary gender. The EEOC will also modify the forms to include “Mx.” in the list of prefix options.
This morning, SCOTUS issued its decision in Bostock v. Clayton County, Georgia, a case heard during the first week of its current term. In the decision, the Court extends anti-discrimination protections in the workplace to LGBT employees, in a 6-3 decision written by Justice Gorsuch and joined by Chief Justice Roberts.
On June 1, 2015, The Occupational Safety and Health Administration (OSHA) released “A Guide to Restroom Access for Transgender Workers”. Under current federal law, employers are required to provide all employees reasonable access to restroom facilities. Now under OSHA’s “model practices” for employers to follow when providing access to restrooms by transgender employees, including:
Title VII of the Civil Rights Act prohibits covered employers from making employment decisions based on an individual’s sex/gender. This year, the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL) and President Obama continued the ongoing efforts to expand employment protection to transgender workers.