New EEOC Document on Sexual Orientation and Gender Identity! How Should Employers Stay Compliant?

Recorded Webinar | Margie Faulk | From: Sep 14, 2021 - To: Dec 31, 2021

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On June 25, in observance of LGBTQIA+ Pride Month, and the anniversary of the U.S. Supreme Court ruling in Bostock v. Clayton County, the Equal Employment Opportunity Commission (EEOC) has published new information to educate employees, applicants, and employers about federal protections for all workers from discrimination based on sexual orientation and gender equity.

The release includes a new webpage on the EEOC website that consolidates resources addressing federal protections against discrimination based on sexual orientation and gender identity. Rather than announcing new policies, the new page summarizes established EEOC positions and provides information about harassment, retaliation, and how to file a discrimination charge. Also provided are links to EEOC statistics and fact sheets tracking recent EEOC litigation.

In addition, a new technical assistance document explains the Bostock ruling and reiterates the EEOC’s position on the protection of employees under the basic concepts of Title VII of the Civil Rights Act of 1964, as well as the commission’s ongoing role in enforcing those rights.

The new EEOC materials do not announce any new policy, nor do they constitute binding law on employers.  Instead, the EEOC has explained that the documents are intended to provide clarity to the public regarding existing requirements under the law. 

However, it will be prudent for Employers to follow the technical assistance since there are more transgender employees who are expecting them to follow the guidance. There is more litigation for employees who have established that they will no longer be discriminated against.

Areas Covered During the Session:-

  • Why does the EEOC new update impact Employers and professionals in the workplace?
  • Learn why the Bostock v. Clayton County case has impacted the transgender community
  • Learn How the Supreme Court has Established  Why employers are concerned about the new updates?
  • Why has it been a challenge for Employers to be consistent when it comes to transgender policies?
  • Learn what transgender discrimination complaints impact the workplace
  • What is the violation impact when it comes to the new EEOC Transgender Technical Assistance?
  • How can Employers use the OSHA guidance when it comes to the restroom provisions?
  • Learn how these new updates can protect Employers from violations of discrimination and litigation
  • Learn how Employers can risk violations if they don’t update their policies.
  • Learn why the Employers Employee Assistance Program is a huge benefit when it comes to transgender and gender equity employees
  • Learn how Employers can manage transgender employee regulations when they must follow the state-specific transgender protection criteria.

Why Should You Attend?

Although these updates state that there are no new policies, as a compliance officer I see many landmines for Employers if they do not adjust their policies, procedures, and employee handbooks as well as stand-alone policies.

Employers need to update policies, train supervisors and managers, and consider whether to add a policy for transgender employees who are or will be transitioning, and consider whether unisex bathrooms and locker rooms make more sense for your company. Whatever you do, remember to be sensitive to employees and reach out to employment attorneys with the questions that we all know will come up.

Moreover, Employers in multi-state locations need to be aware of how states are handling transgender issues. There are more state regulations that make transgender equity a top priority. Employers need to know how the states where their employees are located (including remote employees) need to mitigate these federal, state, and local regulations.

Who Should Attend?

  • All Employers who need to stay compliant with the transgender community
  • Business Owners
  • Company Leadership
  • Compliance professionals
  • Payroll Administrators
  • HR Professionals
  • Compliance Professionals
  • Managers/Supervisors
  • Employers in all industries interested in updating their knowledge in transgender and equity requirements

Margie Faulk

Margie Faulk, PHR, SHRM-CP is a senior level human resources professional with over 14 years of HR management and compliance experience. A former Compliance Officer for Federal Defense Contracting Industry, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s focus is on multi-state, national, state and local workplace compliance. Additionally, Margie is working on International compliance initiatives globally which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico and India, just to name a few.

Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to professionals, business owners and companies interested in having their company compliant with workplace and industry regulations.

Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie has completed the Certified Compliance and Ethics Professional training and is a member of the Society of Corporate Compliance & Ethics (SCCE).