On June 15, 2020, the U.S. Supreme Court issued a decision holding that discrimination based on homosexuality or transgender status necessarily involves intentionally treating individuals differently because of their sex, and that it is therefore prohibited under Title VII of the federal Civil Rights Act. This ruling extends protections beyond traditional notions of gender and should not be taken lightly.
Although the decision, in Bostock v. Clayton County, reverses federal court rulings that had previously limited the term “sex” to biological distinctions between male and female, employers should be aware that the opinion aligns with the Equal Employment Opportunity Commission (EEOC)’s current Title VII enforcement policies. In addition, many state and local laws specifically prohibit employment discrimination based on sexual orientation and gender identity.
As a result of this ruling, it's recommended to all employers to review and update the company handbook to ensure this language is in place. Please contact Apex HRO and we will review your current handbook and provide recommendations to address any potential issues. If you are an employer and do not currently have a handbook, or the existing handbook hasn't been updated in the last year, please contact us. We create custom handbooks that align with the company vision and culture that are fully compliant in state and federal laws, and as a client of Apex HRO, we will continuously review and update your handbook as the legal landscape changes. With Apex HRO, you will never find yourself with an out of date or non-compliant handbook.