It isn’t always easy to keep up with the comings and goings of federal government agencies. Although the efforts that agency employees make frequently have the ability to impact the lives of countless Americans, there are simply too many agencies, too much other “news of the day” and too much other content to digest to feel confident that you are keeping up with all there is to know.
However, some agency headlines are simply too consequential to skim or even ignore. For example, the Equal Employment Opportunity Commission (EEOC) recently clarified whether an employer’s refusal to honor a worker’s preferred pronouns and/or refusal to allow a worker to utilize the bathroom that matches their gender identity amounts to potentially actionable forms of harassment or discrimination. The EEOC’s approach in this regard could ultimately be truly consequential for many Americans.
What is the EEOC’s clarified position?
The EEOC updated its enforcement guidance last month to more accurately reflect the government’s position. This update was the first of its kind regarding workplace harassment in 25 years and was inspired by a Supreme Court ruling concerning the LGBTQ+ community. Specifically, that ruling upheld the argument that anti-bias laws apply to LGBTQ+ workers.
To that end, the EEOC now asserts that an employer’s refusal to honor a worker’s preferred pronouns and/or refusal to allow a worker to utilize the bathroom that matches their gender identity constitutes illegal workplace harassment in accordance with federal anti-discrimination statutes.
It is also worth noting that this updated guidance indicates that discrimination against workers due to a worker’s alleged decision to use contraception, have an abortion or both is a form of actionable sex discrimination.
This isn’t to say that winning a harassment or discrimination case based on such concerns is suddenly going to be easy. The EEOC’s guidance is not binding, although the Court decision upon which it is based is. Instead, this guidance functions as a blueprint upon which wronged workers and their legal teams can start building the strongest possible case under the circumstances.