In the Crosshairs: Untangling the Legal Landscape on LGBTQ+ Workplace Rights Under Title VII
The EEOC recently updated its workplace harassment enforcement guidance to reflect a Texas federal court ruling that found the Biden-era EEOC had overstepped its authority by requiring bathroom, dress, and pronoun accommodations under Title VII – but are things as clearcut for employers as they seem? The Biden-era EEOC had defined sexual harassment to include conduct such as denying an individual access to a bathroom consistent with their gender identity, intentionally misgendering someone, or targeting individuals who do not conform to traditional gender-based appearance or behavior norms . But the current EEOC disagreed and, in June, took action to minimize these interpretations . Despite these developments, Title VII continues to prohibit employment discrimination based on sex—including sexual orientation and gender identity— and courts remain free to interpret Title VII independently of the EEOC’s current enforcement position . As the scope of Title VII’s protections continues to e...