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Gender identity and sexual orientation discrimination in the workplace

Gender identity and sexual orientation...

The MeToo movement shows no sign of slowing, and sexual harassment remains a hot button topic for many employers. As the movement has made plain, sexual harassment obviously implicates conduct or behavior that is sexual in nature, or could be interpreted as sexual in nature.

However, this type of conduct is not the only form of sex-based harassment that may arise in the workplace.

Employers need to be aware of issues related to gender identity harassment and discrimination and the need for employee awareness LGBT training requirements. Whether or not conduct constitutes harassment is measured by both an objective and subjective standard: Supreme Court found in Harris v. Furthermore, as far back asthe U.

Gender identity is where people...

Supreme Court in Phillips v. A transgendered individual is someone whose gender identity differs from their biological sex at birth.

The District of Columbia has enacted laws or regulations which prohibit employment discrimination on the basis of both sexual orientation and gender identity, as have the following states: In addition, Wisconsin has enacted laws which prohibit employment discrimination on the basis of sexual orientation, but not gender identity. While federal law does not explicitly include these categories as protected, the Equal Employment Opportunity Commission EEOCwhich is the federal agency charged with enforcing various federal anti-discrimination laws, has interpreted sex discrimination provision of Title VII of the Civil Rights Act of as prohibiting employment discrimination based on sexual orientation or gender identity.

The Commission has based its position on the U.

Gender identity can include combinations of gender or neither gender. Accordingly, supervisors should address all employees by their preferred names and pronouns, and should take steps to ensure that all other employees do the same.

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