Recently the EEOC and Deluxe Financial Services (of duplicate check fame) entered into a consent decree in regards to transgender / gender identity discrimination. The decree requires a financial settlement and extensive compliance with non-discrimination policies involving transgendered employees.

While it is true that discrimination based on sexual orientation and gender identity is not explicitly prohibited by federal employment discrimination laws, the EEOC has taken the position that this type of discrimination is sex discrimination and is getting more and more courts to agree with it’s position. Therefore, the days have passed when employers can discriminate on those bases. Smart employers will:

  1. Adopt anti-discrimination workplace polices regarding gender identity and sexual orientation
  2. Train all employees on discrimination based on gender identity, sex stereotyping, etc.
  3. Allow an employee’s to use restroom’s of their choice
  4. Allow employee’s to change their employment records to comport with names chosen by gender identity -not birth records.