LGBTQ Employment Law in Practice

In June 2020, the Supreme Court confirmed that employers may not terminate an employee because of the employee's sexual orientation or gender identity. While this was a landmark civil rights decision, Bostock v. Clayton County itself decided a quite narrow legal issue-giving way to additional questions, such as: How do federal equal employment opportunity laws apply to LGBTQ+ employees in other workplace contexts? What remains undecided? How do state and local laws fill in the gaps? And how can employers stay ahead of the curve in this rapidly developing area of law?

Mr. McGinnis will discuss:

• A working vocabulary of key terms relating to LGBTQ+ employees in the workplace.

• The general requirements of equal employment opportunity laws regarding LGBTQ+ employees and what they mean as a practical matter.

• Quickly developing federal, state, and local administrative guidance.

• Best practices for employers regarding LGBTQ+ workplace issues and how to take a proactive-instead of a reactive-approach to developing law.

• How to adapt workplace policies, practices, and protocols to reduce litigation risks and better serve LGBTQ+ employees.

• Gender affirming practices and how to manage employee gender transitions in the workplace.

• Additional resources available to support C-suite leaders, managers, Human Resources professionals, and employees.

1. Identify key terms and general requirements relating to LGBTQ+ employees and equal employment opportunity laws 

2. Review relevant federal, state, and local administrative guidance on equal employment opportunity laws

3. Examine best practices and useful resources for employers with respect to LGBTQ+ workplace issues and gender-affirming practices

4. Discuss ways to take a proactive approach and put forth effective and compliant workplace policies, practices, and protocols that better serve LGBTQ+ employees