Court strikes down EEOC’s sexual orientation and gender identity guidelines

A recent federal court ruling striking down the Equal Employment Opportunity Commission’s (EEOC) guidelines on gender identity and sexual orientation harassment in the workplace got the attention of employers around the country, but the practical impact of the decision is more limited than what many might assume.

Timeline of events

In the wake of new court decisions or changes announced by regulatory agencies, sometimes I need to put together a timeline to figure out where we stand. That certainly is the case when trying to unravel the significance of this most recent court ruling. So here it goes.

2020: In Bostock v. Clayton County, the U.S. Supreme Court ruled that an employer’s discharge of employees based on their sexual orientation or gender identity amounted to employment discrimination that violated Title VII of the Civil Rights Act of 1964. The Supreme Court pointed out it wasn’t addressing questions like shared bathrooms—it was ruling only on discriminatory discharge.