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Gender Identity, Gender Expression and Transgender Status in the Workplace

Author: Lisa Pierson Weinberger, Mom, Esq.

Title VII of the Civil Rights Act makes it illegal to discriminate against an individual on the basis of race, color, religion, national origin or sex. In June 2020, the Supreme Court ruled that Title VII's prohibition of sex discrimination extends to discrimination against gay and transgender individuals. While many states and localities have laws that cover gender identity and expression, there is now uniform protection nationwide.

This change in federal law has a significant impact on employers' obligations to their employees, and opens the door for increased exposure and liability for employers that do not already prohibit discrimination based on gender identity, gender expression and transgender status in their equal employment opportunity (EEO) policies and procedures.