The Leadership Green Room – How Are Your Teams Showing Up and Skilling Up? Given the relation between Title IX and Title VII, employers should consider, at a minimum, reviewing their restroom/changing room accommodation policies and their gender recognition policies. Employers should at all times respect (and foster an atmosphere in which coworkers respect) the use of preferred pronouns designated by employees. Between these cases, as well as prior Circuit court decisions, there had been a split of opinions on whether sexual orientation discrimination is covered by Title VII. The federal courts have already begun to address some of those questions.
B Employers and HR professionals should already be reevaluating their anti-harassment, anti-discrimination and Equal Employment Opportunity policies to ensure compliance with federal law post-Bostock. After all, studies have repeatedly shown that diversity in the workplace is good for business. Specifically, the majority continued, “[a]n employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.” Thus, sex “plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”, Sex-Segregated Bathrooms and Gender Identity – The Courts of Appeals Address Protections for LGBTQ+ Students in Grimm and Adams.
Whether other policies or practices constitute unlawful discrimination, the majority noted, would be determined in future cases. The Supreme Court's landmark ruling in Bostock v. Clayton County, Georgia — which was widely praised by LGBTQ advocates but condemned by social conservatives — …
Another small, but effective gesture is to make company human resources documents, handbooks, and external materials gender neutral.
uuid:59659bfb-35ae-4545-b1ea-9b8b0d6cf041 In Grimm v. Gloucester County School Board, the Court of Appeals for the Fourth Circuit held the Glouceter County, Virginia school board violated Title IX of the Education Amendments Act of 1972 (“Title IX”) when it refused to allow a transgender student to use the boys’ bathroom at Gloucester High School because he was identified as female at birth. Even the provision of a gender-neutral restroom could be considered sex discrimination, where cis-gendered employees are allowed to use gendered restrooms.
Enforce Consistent Appearance Standards. It can be easy for LGBTQ+ employees to feel isolated or unseen when employer-provided paperwork and forms include only “Male” or “Female” as gender options. Petitioner is Mr. Gerald Lynn Bostock, the Plain- tiff in the United States District Court for the North- ern District of Georgia and the Appellant in the United States Court of Appeals for the Eleventh Circuit. uuid:47b60460-3e11-4dd9-8baf-7421d59f42e1 In June 2020, the Supreme Court issued a landmark decision in Bostock v.Clayton County, Georgia, 590 U.S. __,140 S. Ct. 1731 (2020), holding that sexual orientation and gender identity are protected under Title VII and discrimination against an employee on either basis is considered sex discrimination.. endstream endobj 329 0 obj <> endobj 35 0 obj <> endobj 11 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <> endobj 51 0 obj <> endobj 52 0 obj <> endobj 53 0 obj <> endobj 54 0 obj <> endobj 55 0 obj <> endobj 76 0 obj <>/Resources 84 0 R/Type/Page>> endobj 77 0 obj <>/Resources 86 0 R/Type/Page>> endobj 78 0 obj <>/Resources 88 0 R/Type/Page>> endobj 79 0 obj <>/Resources 90 0 R/Type/Page>> endobj 80 0 obj <>/Resources 92 0 R/Type/Page>> endobj 91 0 obj <>stream Diverse workforces also statistically boast higher employee morale and good will in the community. Relying heavily on the Supreme Court’s decision in Bostock, the Fourth Circuit affirmed the district court’s decision, holding that the school board treated Grimm differently based on his gender and that refusing to allow him to use the boys’ bathroom, therefore, constituted discrimination under Title IX.
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