TL;DR: Understanding and adhering to the EEOC guidelines on Sexual Orientation and Gender Identity (SOGI) discrimination is essential for workplace leaders when fostering an inclusive workplace. This article provides a comprehensive overview of legal frameworks, best practices, and resources to effectively prevent, address, and resolve SOGI discrimination in the workplace.
Understanding the U.S. Equal Employment Opportunity Commission (EEOC) guidelines on sexual orientation and Gender Identity (SOGI) discrimination is crucial in the workplace. With our society’s increasing awareness and visibility of LGBTQ+ issues, HR managers, directors, and business leaders have a lawful duty to foster an inclusive and equitable workplace for all identities. This article provides a comprehensive overview of the EEOC's guidelines on SOGI discrimination, its legal frameworks, best practices, and essential resources to help you navigate these critical topics.
Sexual orientation refers to an individual's emotional, romantic, or sexual attraction to others. Gender identity pertains to a person's internal understanding of their gender, which may differ from the sex they were assigned at birth. Discrimination based on such aspects is collectively known as SOGI discrimination.
SOGI discrimination can manifest in various ways, including:
Hiring and Firing Decisions: Refusing to hire or terminate someone based on their sexual orientation or gender identity.
Promotions and Job Assignments: Denying promotions, raises, or equal access to career opportunities for employees on the basis of gender or sexual orientation discrimination.
Benefits and Workplace Policies: Unequal access to benefits and policies, such as healthcare coverage for transgender employees.
Harassment and Hostile Work Environments: Creating a work environment that is hostile or offensive to LGBTQ+ employees.
Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. The EEOC interprets the term "sex" to include sexual orientation and gender identity, thus extending protections to LGBTQ+ employees.
In the landmark case Bostock v. Clayton County (2020), a 6-3 majority Bostock decision allowed the U.S. Supreme Court decision to rule Title VII’s prohibition on sex discrimination to cover discrimination based on sexual orientation and gender identity. This decision reinforced that employment actions based on an employee’s gender identity or sexual orientation are unlawful under federal law.
Executive Order 14075 on Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals (June 15, 2022) required the co-chairs of the Interagency Working Group on Equitable Data to establish a subcommittee on sexual orientation, gender identity, and variations in sex characteristics (SOGI) data. Additionally, all federal employees, agencies, and government workers are required by law to comply with SOGI policy.
The EEOC's guidelines emphasize that SOGI discrimination is a form of sex-based discrimination. The Commission's guidance includes:
Anti-Discrimination Policies: Employers should have straightforward policies that prohibit discrimination on the basis of sex, sexual orientation, and gender identity.
Training and Education: Regular training sessions for employees and management on SOGI issues and inclusive practices.
Reporting Mechanisms: Accessible and confidential ways for employees to report discrimination complaints.
Creating and implementing policies that promote SOGI inclusivity is vital to ensuring a healthy, accessible, and compliant workplace. These policies should cover:
Anti-Harassment Policies: Ensure company-wide policies explicitly include protections for LGBTQ+ employees.
Non-Discrimination Statements: Teams should publicly recognize their SOGI inclusive policy in their non-discrimination statements. Companies can also hold co-workers accountable by collecting employee signatures to commit to such policies.
Benefits and Healthcare Coverage: Provide benefits that cover LGBTQ+ individuals and support their varying healthcare needs. Many fringe benefits are tailored specifically to LGBTQ+ experiences, some of which include medical and wellness care for transgender individuals.
Fostering a supportive culture involves:
Ongoing education is essential. Offer:
Read More: Workplace Accommodations for Transgender Employees
When a discrimination claim or complaint is received, it's essential to:
Addressing the issue involves:
Navigating relevant case-studies can provide valuable insights into the real-life SOGI scenarios employers should be prepared for. For example:
Inclusive and diverse workplaces see many positive impacts on morale and productivity. For instance:
The EEOC provides various resources, including fact sheets and technical assistance documents, to help employers understand and comply with SOGI guidelines and relevant employment laws. Visit the EEOC website for more information. To ensure end-to-end compliance, be sure to review state and local laws on SOGI-related discrimination.
Several organizations offer additional support and resources:
Understanding and implementing the EEOC guidelines on SOGI discrimination is a legal obligation and a critical step all companies must take toward creating a more inclusive and supportive workplace. By proactively addressing SOGI issues when they arise and investing in the resources, communities, and initiatives that help foster an inclusive and diverse workplace, HR managers and business leaders can ensure a positive and equitable work environment for all employees. Remember that fostering inclusivity is an ongoing, ever-evolving process that requires consistent commitment and continuous effort.
Disclo has prepared many helpful articles and resources for employers and employees to reference. A few that may be of interest:
To stay updated on evolving regulations and topics of interest, subscribe to Disclo’s weekly newsletter, Full Disclosure, on LinkedIn or via email.
Built by 2x disability-focused founders, the software is a workplace ADA and PWFA accommodations platform for progressive companies focused on making workplaces inclusive for everyone. Disclo is a HIPAA-compliant platform that requests, tracks, and manages workplace accommodations—all in one place.
Disclo makes handling accommodations seamless by combining automation, in-app medical e-verification, out-of-the-box analytics (so you can auto-track against EEOC and ADA standards), and the ability to connect to any HRIS and ATS with pre-built integrations.
Strengthen workplace inclusivity and future-proof ADA and PWFA processes while establishing a digital paper trail for your organization. Learn more at disclo.com/demo.
Understanding the U.S. Equal Employment Opportunity Commission (EEOC) guidelines on sexual orientation and Gender Identity (SOGI) discrimination is crucial in the workplace. With our society’s increasing awareness and visibility of LGBTQ+ issues, HR managers, directors, and business leaders have a lawful duty to foster an inclusive and equitable workplace for all identities. This article provides a comprehensive overview of the EEOC's guidelines on SOGI discrimination, its legal frameworks, best practices, and essential resources to help you navigate these critical topics.
Sexual orientation refers to an individual's emotional, romantic, or sexual attraction to others. Gender identity pertains to a person's internal understanding of their gender, which may differ from the sex they were assigned at birth. Discrimination based on such aspects is collectively known as SOGI discrimination.
SOGI discrimination can manifest in various ways, including:
Hiring and Firing Decisions: Refusing to hire or terminate someone based on their sexual orientation or gender identity.
Promotions and Job Assignments: Denying promotions, raises, or equal access to career opportunities for employees on the basis of gender or sexual orientation discrimination.
Benefits and Workplace Policies: Unequal access to benefits and policies, such as healthcare coverage for transgender employees.
Harassment and Hostile Work Environments: Creating a work environment that is hostile or offensive to LGBTQ+ employees.
Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. The EEOC interprets the term "sex" to include sexual orientation and gender identity, thus extending protections to LGBTQ+ employees.
In the landmark case Bostock v. Clayton County (2020), a 6-3 majority Bostock decision allowed the U.S. Supreme Court decision to rule Title VII’s prohibition on sex discrimination to cover discrimination based on sexual orientation and gender identity. This decision reinforced that employment actions based on an employee’s gender identity or sexual orientation are unlawful under federal law.
Executive Order 14075 on Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals (June 15, 2022) required the co-chairs of the Interagency Working Group on Equitable Data to establish a subcommittee on sexual orientation, gender identity, and variations in sex characteristics (SOGI) data. Additionally, all federal employees, agencies, and government workers are required by law to comply with SOGI policy.
The EEOC's guidelines emphasize that SOGI discrimination is a form of sex-based discrimination. The Commission's guidance includes:
Anti-Discrimination Policies: Employers should have straightforward policies that prohibit discrimination on the basis of sex, sexual orientation, and gender identity.
Training and Education: Regular training sessions for employees and management on SOGI issues and inclusive practices.
Reporting Mechanisms: Accessible and confidential ways for employees to report discrimination complaints.
Creating and implementing policies that promote SOGI inclusivity is vital to ensuring a healthy, accessible, and compliant workplace. These policies should cover:
Anti-Harassment Policies: Ensure company-wide policies explicitly include protections for LGBTQ+ employees.
Non-Discrimination Statements: Teams should publicly recognize their SOGI inclusive policy in their non-discrimination statements. Companies can also hold co-workers accountable by collecting employee signatures to commit to such policies.
Benefits and Healthcare Coverage: Provide benefits that cover LGBTQ+ individuals and support their varying healthcare needs. Many fringe benefits are tailored specifically to LGBTQ+ experiences, some of which include medical and wellness care for transgender individuals.
Fostering a supportive culture involves:
Ongoing education is essential. Offer:
Read More: Workplace Accommodations for Transgender Employees
When a discrimination claim or complaint is received, it's essential to:
Addressing the issue involves:
Navigating relevant case-studies can provide valuable insights into the real-life SOGI scenarios employers should be prepared for. For example:
Inclusive and diverse workplaces see many positive impacts on morale and productivity. For instance:
The EEOC provides various resources, including fact sheets and technical assistance documents, to help employers understand and comply with SOGI guidelines and relevant employment laws. Visit the EEOC website for more information. To ensure end-to-end compliance, be sure to review state and local laws on SOGI-related discrimination.
Several organizations offer additional support and resources:
Understanding and implementing the EEOC guidelines on SOGI discrimination is a legal obligation and a critical step all companies must take toward creating a more inclusive and supportive workplace. By proactively addressing SOGI issues when they arise and investing in the resources, communities, and initiatives that help foster an inclusive and diverse workplace, HR managers and business leaders can ensure a positive and equitable work environment for all employees. Remember that fostering inclusivity is an ongoing, ever-evolving process that requires consistent commitment and continuous effort.
Disclo has prepared many helpful articles and resources for employers and employees to reference. A few that may be of interest:
To stay updated on evolving regulations and topics of interest, subscribe to Disclo’s weekly newsletter, Full Disclosure, on LinkedIn or via email.
Built by 2x disability-focused founders, the software is a workplace ADA and PWFA accommodations platform for progressive companies focused on making workplaces inclusive for everyone. Disclo is a HIPAA-compliant platform that requests, tracks, and manages workplace accommodations—all in one place.
Disclo makes handling accommodations seamless by combining automation, in-app medical e-verification, out-of-the-box analytics (so you can auto-track against EEOC and ADA standards), and the ability to connect to any HRIS and ATS with pre-built integrations.
Strengthen workplace inclusivity and future-proof ADA and PWFA processes while establishing a digital paper trail for your organization. Learn more at disclo.com/demo.
