Last week, a significant Supreme Court ruling determined that employment discrimination on the basis of both sexual orientation and gender identity is illegal. Here are a few issues you should address in light of this legal decision:
- Employers in cities/states that don’t already have local protections against such discrimination should ensure that their policies and practices clearly address such protections. If your state does have protections in place, make sure your policies align with them.
- Employers that didn’t prohibit LGBTQ discrimination previously should update and clarify their policies and protocols promptly to be in synch with the federal law.
- It will be important to pay attention to more subtle complaints related to how covered employees are treated, including claims of differential treatment regarding work assignments, promotions, and other activities.
- This ruling may require some changes in benefits, such as offering the same coverage to same-sex partners that are available to opposite-sex spouses/partners.
- Employers may need to check for exclusions in group health plans for transgender-specific needs including services related to gender dysphoria.