Yes, Bostock ruling means it’s time to update handbook, policies

Q         With the U.S. Supreme Court’s ruling on Title VII of the Civil Rights Act of 1964 regarding gender identification, can we leave the Title VII disclaimer in our company handbook and applications as is? Or does the wording need to be adjusted to specifically state “sexual orientation” and “transgender status”?

A   You should update your company’s employee handbook to be consistent with the Court’s ruling. In Bostock v. Clayton County, the Court found Title VII prohibits discrimination based on homosexuality or transgender status. It interpreted the Act’s provision prohibiting discrimination on the basis of “sex” to include both sexual orientation and gender identity.

Therefore, it’s now illegal for an employer covered by Title VII (companies with at least 15 employees) to discharge, refuse to hire, or otherwise discriminate against someone in employment because they are homosexual or transgender. That’s the case even if a person’s sexual orientation or gender identity is only one of the reasons forming the basis for the decision. Also, the Supreme Court’s decision is mandatory under federal law, which means employees in states that were previously without such protections from discrimination are now protected.