Key Points

  • An employer should establish a policy prohibiting discrimination against individuals on the basis of sexual orientation and gender identity.
  • An employer may want to hold diversity workshops to help send a message of tolerance in the workplace.
  • Employees should be assured that they can file a complaint of discrimination or harassment on the basis of sexual orientation or gender identity without fear of retaliation.
  • Employees who are responsible for harassment or discrimination against individuals based on their sexual orientation and gender identity should be disciplined accordingly.
  • An employer should be mindful of state laws which consider sexual orientation and gender identity a protected category under state discrimination and harassment laws.

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