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What Employers Should Consider in Wake of Recent Supreme Court Decision on LGBTQ Employment Discrimination

The U.S. Supreme Court recently ruled that Title VII of the 1964 Civil Rights Act prohibits discrimination by employers on the basis of both sexual orientation and gender identity. This was a landmark employment law ruling that finally settles questions about whether members of the LGBTQ community can be considered part of a protected class.

For employers, this means it is crucial they have policies and practices that clearly state discrimination by sexual orientation and gender identity is strictly forbidden. They should also have protections in place for employees and candidates, and methods through which they can report such discrimination.

Other topics of conversation in HR rooms will include:

  • Proper pronoun usage
  • Preventing exclusion of spouses and significant others for LGBTQ relationships at company events
  • Rules against religious references or comments from other employees
  • Preventing issues and disputes relating to bathroom preferences
  • Preventing differential treatment from others with work promotions, assignments and various other activities

In some cases, employers may need to consider changes to employee benefits plans. If an employer excludes same-sex spouses or domestic partners from coverage on employer-sponsored plans that would cover opposite-sex partners or spouses, this could result in a discrimination suit.

Employers should also check their group health plans for any exclusions of service for transgender needs.

For more information about how this Supreme Court ruling could affect employment law moving forward, contact an experienced whistleblower lawyer at Kardell Law Group.

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