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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.
As a compliance officer, I see many landmines for Employers in this update, 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.
Join Clatid to learn how the states where their employees are located (including remote employees) need to mitigate these federal, state, and local regulations.
-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 the 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
-This Program, ID No. 567124, has been approved for 1.5 HR (General) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™, and SPHRi™ recertification through HR Certification Institute®? (HRCI®).
-This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please portal.shrm.org.
-Managers/Supervisors
-Compliance Professionals
-Business Owners
-HR Professionals
-Company Leadership
-Payroll Administrators
-Compliance professionals
-All Employers who need to stay compliant with the transgender community
-Employers in all industries interested in updating their knowledge in transgender and equity requirement
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and International compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management. Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
Clatid is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please portal.shrm.org.
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