New England Biz Law Update
The Equal Employment Opportunity Commission (EEOC) announced that it will resume processing certain workplace discrimination complaints filed by transgender employees, specifically those involving hiring, firing and promotions.
The change, announced in July, follows a pause earlier this year on intake and review of complaints related to gender identity.
The agency has confirmed that it will move forward only on cases that fall within the core holding of the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County, which said that employment discrimination based on transgender status qualifies as sex discrimination under Title VII of the Civil Rights Act.
Complaints involving workplace harassment, dress codes, restroom access, and related issues are still excluded from active review under current agency policy.
Scope of the review process
Under the review process, complaints must involve clear adverse employment actions – such as hiring decisions, terminations, or denied promotions – where transgender status is directly implicated.
Each case will be subject to legal review and internal sign-off to ensure alignment with the agency’s current enforcement priorities.
Broader or related claims, such as harassment or retaliation, are not currently eligible for investigation.
Effect on employers
While the EEOC’s enforcement approach is evolving, the legal standard set by the Supreme Court in Bostock remains binding nationwide.
That means that employers must continue to avoid adverse employment actions based on an employee’s transgender status, regardless of how an agency chooses to prioritize complaints.
In the current climate, employers should:
- Ensure that their anti-discrimination policies clearly cover gender identity and expression.
- Train supervisors on how to manage requests or concerns from transgender and nonbinary employees with sensitivity and consistency.
- Document employment decisions carefully to ensure they are based on legitimate, non-discriminatory criteria.
As federal guidance and enforcement shift, staying grounded in the principles of fair treatment and equal opportunity remains the best defense against liability and reputational harm.
