content top

EEOC Reveals Positions Related to LGBT Workers

By: John Egbert

LGBTOn May 2, 2016, the EEOC posted on its website, information about the Equal Employment Opportunity Commission’s positions related to LGBT workers. Among other things, the EEOC warned employers that, in the EEOC’s view, it is a violation of Title VII of the Civil Rights Act of 1964 to do the following:

-Fail to hire an applicant because she is a transgender woman;

-Deny an employee equal access to a common restroom corresponding to the employee’s gender identity (i.e., require that employee to use a separate, single-user or “family” bathroom);

-Harass an employee because of a gender transition, such as by intentionally and persistently failing to use the name and gender pronoun that correspond to the gender identity with which the employee identifies, and which the employee has communicated to management and employees.

The posting of this information likely means the EEOC intends to look for and pursue these kinds of claims. Accordingly, employers should take steps to ensure that their policies and practices avoid exposure to this risk. Read the full post from the EEOC here.


Egbert_John_web2John Egbert  is chair of the firm’s Labor and Employment Practice Group. He is also currently a member of the firm’s management committee, and previously served as General Counsel.

Legal Disclaimer

Please note that the materials contained within this web site have been prepared by Jennings, Strouss & Salmon, P.L.C. for informational purposes only so that readers may learn more about the firm, the services it provides the background of its attorneys, and recent developments in the law. These materials do not constitute, and should not be considered, legal advice, and you are urged to consult with an attorney on your own specific legal matters. Transmission of the information contained in the Jennings, Strouss & Salmon web site is not intended to create, and receipt by the reader does not constitute, an attorney-client relationship with Jennings, Strouss & Salmon or any of its individual attorneys. While we would certainly like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Please do not send us any information about a matter that may involve you until you receive written authorization to do so from one of our attorneys. Unless otherwise indicated in individual attorney biographies, attorneys resident in the firm's various offices are not certified by the Board of Legal Specialization or a similar body of any State. This site may contain hyperlinks to Web sites operated by parties' independent from Jennings, Strouss & Salmon. Such hyperlinks are provided for your reference only. Jennings, Strouss & Salmon does not control such Web sites, and is not responsible for their content. Jennings, Strouss & Salmon's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their content. Your access and use of such sites, including information, material, products, and services therein, shall be solely at your own risk. Further, because the privacy policy of this Site is applicable only when you are on this Site, once linked to another Web site, you should read that site's privacy policy before disclosing any personal information.