Author: Beth Zoller, XpertHR Legal Editor
States and municipalities are increasingly passing laws to protect the rights of lesbian, gay, bisexual and transgender (LGBT) individuals in the workplace including making sexual orientation and gender identity protected classes.
Although not yet recognized as protected classes under federal law and Title VII, as a best practice, employers should prohibit discrimination and harassment against all employees and applicants based on their sexual orientation and gender identity.
Employers should also be sure to implement training and be prepared to make reasonable accommodations for LGBT employees when it comes to issues such as employee restrooms, name changes and dress codes.
- Prevent Discrimination on the Basis of Sexual Orientation or Gender Identity
- Address Issues With Transgender or Cross Dressing Employees
- Combat Sex Stereotyping in the Workplace
- How to Deal With a Complaint of Sexual Orientation Discrimination
- How to Prevent Discrimination Based on Sexual Orientation
- How to Prevent Discrimination Against Transgender, Transsexual or Cross-Dressing Employees in the Workplace
- How to Address Restroom and Locker Room Use by Transgender Employees
- Sexual Harassment - Supervisor Briefing
- Discrimination - Supervisor Briefing
- Bullying and Harassment - Supervisor Briefing
Policies and Documents
Employment Law Manual
- EEO - Discrimination
- EEO - Harassment
- EEO - Retaliation
- Diversity and Inclusion in the Workplace
- Employer Liability for Discriminatory Termination
- Employee Handbooks - Work Rules - Employee Conduct
- Gender Identity, Gender Expression and Transgender Status in the Workplace
- California Gender Nondiscrimination Act
- EEOC Recognizes That Claims of Discrimination Based on Gender Identity, Change of Sex, and/or Transgender Status May Be Covered by Title VII
- Same Sex Harassment Can Be Discriminatory Under Title VII
- Gender Stereotyping Sexual Harassment Claim May Be Brought Regardless of Plaintiff's Sexual Orientation
- Pursuit of Same-Sex Harassment Cases Yields Mixed Results
Best Practice Manual
- What is gender expression?
- What does intersex mean?
- What is gender identity?
- What is the difference between transgender and transsexual?
- Is gender identity related to sexual orientation?
- What is the difference between sex and gender?
- What is a transvestite or cross-dresser?
Discrimination and Harassment
- Does federal law prohibit discrimination based on gender identity, gender expression, transgender status or sexual orientation?
- Should discrimination and harassment training address transgender status, gender identity and gender expression?
- Should an employer prohibit discrimination based on gender identity, gender expression, transgender status or sexual orientation?
- How should an employer handle employee complaints about gender identity or sexual orientation discrimination in the workplace?
- How can an employer create a diverse workforce and why should this be a goal?
- Can an employee's sexual orientation be part of the job requirement?
- Is a transgender or transitioning employee required to comply with the employer's dress code?
- How should an employer handle restrooms for a transgender employee?
- How should an employer handle an employee who is transitioning to a new gender?
Related Glossary Terms
- Gender Identity
- Gender Expression
- Sex Reassignment
- Sexual Orientation
- Sexual Harassment