A Reminder this Pride Month: LGBTQ+ Workplace Protections Are Not Optional

Pride Month is a good reminder that LGBTQ+ workplace protections are still in place, even if the federal enforcement landscape is shifting. Here is what employers need to understand.

What Has Not Changed

Bostock v. Clayton County remains the law of the land. The Supreme Court’s 2020 decision held that Title VII’s prohibition on sex discrimination covers sexual orientation and gender identity. This means that treating an employee differently because they are gay or transgender exposes your business to federal liability, full stop. No executive order or change in administration alters that precedent.

What Did Change

In January, the EEOC rescinded its 2024 harassment guidance, including provisions addressing gender identity in the workplace. That move created legal uncertainty around specific practices: bathroom access policies, pronoun usage, and dress code enforcement as applied to transgender employees. Courts are actively split on these issues, but the absence of EEOC guidance does not mean the absence of legal risk.

The Risk Management Reality

Here is the critical point many employers miss: EEOC enforcement priorities do not cap your exposure. Private plaintiffs sue independently of the EEOC, and federal judges interpret Title VII on their own. Beyond that, a growing number of states and municipalities have enacted protections for sexual orientation and gender identity that go further than federal law. If your employees work in New York, California, Illinois, or similar jurisdictions, your compliance obligations are higher, not lower.

Practically speaking, this means two things:

1. Investigate every harassment complaint consistently and thoroughly, regardless of whether it involves LGBTQ+ employees. Inconsistent investigation practices are among the most common and costly mistakes employers make.
2. Do not roll back your harassment or non-discrimination policies because federal guidance has shifted. A policy rollback signals tolerance for discriminatory conduct and will be Exhibit A in future litigation.

Bottom Line

If you are updating employee handbooks this summer or revisiting your DEI-related workplace policies in response to the current political climate, contact us before making changes. The gap between federal guidance and actual legal liability is wide right now, and navigating it requires more than a policy copy-paste. We’ve got you covered with our fixed fee Handbook Service, which is currently 10% off through the remainder of the month.

Disclaimer: This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Employment laws vary significantly by state and circumstance. Please contact our office regarding your specific situation.