It has been just over a year since the U.S. Supreme Court's historic ruling in Bostock v. Clayton County, which cemented the principal that employment discrimination on the basis of sexual orientation and gender identity is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. And Bostock's influence has been felt far and wide.
On January 20, 2021, President Biden issued an Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, which directed federal agencies to enforce laws that prohibit sex discrimination to include discrimination based on sexual orientation and gender identity, consistent with the Court's decision in Bostock. President Biden's Executive Order states unequivocally that "all persons should receive equal treatment under the law, no matter their gender identity or sexual orientation."
"all persons should receive equal treatment under the law, no matter their gender identity or sexual orientation."
More recently, the U.S. Equal Employment Opportunity Commission (EEOC) announced new resources to aid employers and employees in complying with Bostock, including a landing page, a technical assistance document, brand new FAQs, an updated fact sheet, and a summary of Bostock-related EEOC litigation.
The impact of Bostock will continue to be felt in Maryland as employers update their training and policies, and teach employees and supervisors on what illegal sexual orientation and gender identity discrimination and harassment look like in the Maryland workplace. If you're facing sex or gender discrimination in the workplace, contact a skilled Maryland sex/gender discrimination lawyer today—and we'll do our part to continue making Maryland workplaces welcoming for LGBTQ+ workers.