The U.S. Equal Employment Opportunity Commission (EEOC) has made a major decision, and as a result, millions of transgender employees are breathing a sigh of relief.
Thanks to a recent EEOC ruling, transgender employees are now officially protected from employment discrimination. Specifically, they are protected by Title VII of the Civil Rights Act of 1964 — the same law that protects people from employment discrimination because of their sex. Until now, Title VII did not apply to people who had changed their sex, people who were in the process of changing their sex, or people who did not adhere to “traditional” gender stereotypes.
Because of the decision, people who suffer employment discrimination because of their transgender status can now take legal action under Title VII. The EEOC’s ruling even applies to states that don’t have any transgender employment discrimination laws on the books. While the decision technically only applies to federal agencies, it will create a rippling effect throughout privately-owned companies, too.
Why?
Legal experts say that because the EEOC now views transgender discrimination as unlawful sex discrimination, they will treat all allegations the same way — and allow federal litigation proceedings to move forward even if the claims are made against private businesses. According to experts, we will wind up seeing far more federal claims of discrimination because of the ruling.
What led to the change?
A transgender woman claimed that she was turned down a job at a federal agency because she was in the process of transitioning from a male to a female. That’s when the EEOC decided it was time to upgrade the law.
What happens now?
If you’re an employer, it’s time to revise your company’s anti-discrimination and anti-harassment policies to include rules that specifically address transgender discrimination. You will also need to list transgenders as a protected classification in your policy documents — just like you have with women and minorities.
You should also arrange for your management and HR staffs to go through special training related to transgender issues. That way, they’ll be equipped to provide help to employees that are transitioning, if they ask for it.
Another smart move to make? Take a look at your company’s policies regarding the way employees are supposed to use bathrooms, locker rooms, and other gender-specific areas. That way, you’ll be prepared to deal with issues if and when a transgender is on your payroll.