- Thanks to a recent settlement by the EEOC in a discrimination lawsuit, law experts are now saying that employers should have a greater idea of what the EEOC expects concerning transgender and gender identity issues in the workplace.
- JD Supra laid out ten things the EEOC would most likely expect employers to do, including: put gender identity in non-harassment and non-discrimination policies; inform employees and clients that harassment of transgender individuals will not be tolerated; and allow transgender employees to use the restroom of their gender identity, among others.
- The case was EEOC v. Deluxe Financial Services, Inc. and can be examined in detail here.
JD Supra outlines a number more things employers should focus on concerning gender identity. Most of them surround thorough acceptance and understanding of transgender employees and their expressed identity.
For example, if a transgendered employee wishes to change their name and gender designation in the company records, the EEOC's apparent position is that a company should do it completely and without asking for verification or medical records as "proof." Additionally, health plans should not discriminate against allowing treatment for gender dysphoria. JD Supra's example: A health plan that covers hormone replacement therapy for post-menopausal women should also cover hormone therapy for transgendered individuals.
JD Supra also suggests "annual training" on such issues, particularly for managers, supervisors, and HR personnel.