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What is sexual orientation or gender identity discrimination?

On Behalf of | Jan 25, 2025 | Workplace Discrimination

There’s a lot of fear right now among people who do not meet “traditional’ definitions concerning gender identity and sexual orientation. Some politicians and influential media personalities have made no secret of their dislike of the move toward greater acceptance of those who do not meet their narrow definitions of how people should be.

As a result, many people feel empowered to be more open about their dislike of people who are not heterosexual or identify differently. Some may feel freer to harass or discriminate against them in the workplace.

What does the EEOC say?

The U.S. Equal Employment Opportunity Commission (EEOC) update made clear in its recent update that discrimination based on sexual orientation or gender identity is unlawful. They consider it to fall under the category of sex-based discrimination which is outlawed under Title VII of the Civil Rights Act of 1964.

Examples of things they clarify as unacceptable include:

  • Outing someone: People have the right to decide if and when they tell others of their sexuality or gender identity. No one should do this without their permission.
  • Intentional misgendering: If Tony now identifies as Tracey, or Michelle adopts the pronouns “they/their,” colleagues and employers should respect that and address them appropriately. While it is not unlawful to forget, it is to repeatedly and intentionally use the wrong name or pronoun.
  • Denying restroom access: The guidance specifically gives “the denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity” as an example of harassing conduct. Ohio is one of the states that has filed a legal challenge against this.

It remains to be seen how things will develop over the next few years, but it is clear some people want to see the rights and protections of certain groups of people rolled back. Getting up-to-date information about your options will be crucial if you experience workplace harassment or discrimination based on your sexual orientation or gender identity.