Publications
EEOC AND MCAD ISSUE GUIDANCE CONFIRMING THAT GENDER IDENTITY AND SEXUAL ORIENTATION ARE PROTECTED CLASSES
September, 2016
Although the federal employment discrimination laws do not expressly include gender identity and sexual orientation as protected classes, the federal Equal Employment Opportunity Commission (the “EEOC”) and most courts have interpreted the prohibitions against gender discrimination to include discrimination against employees because they are lesbian, gay, bisexual, or transgender. In July of 2016, the EEOC issued a bulletin confirming its position on this issue, and stating definitively that the EEOC will enforce the federal laws accordingly, regardless of whether a state or local law prohibits -- or fails to prohibit -- discrimination based upon sexual orientation or gender identity. The Massachusetts Commission Against Discrimination (the “MCAD”) also recently issued a fact sheet and advisory on this issue, both of which remind employers that in 2012, Massachusetts amended its antidiscrimination statute to specifically include “gender identity” as a protected status (and the Massachusetts antidiscrimination statute has long covered sexual orientation discrimination). Massachusetts employers should consider updating their discrimination and harassment policies if they do not include members of the LGBT community in the list of protected statuses.