Federal employees who identify as lesbian, gay, bisexual, transgender, queer, and intersex are protected from discrimination and harassment based on these protected classes under Title VII of the Civil Rights Act of 1964 which ensures that federal employees can perform their jobs free from discrimination based on race, color, national origin, religion, and sex. In June 2020, the Supreme Court made it clear Bostock v. Clayton County, 590 U.S. __ (2020), that the prohibition on sex discrimination under Title VII includes sexual orientation and gender identity, with the Supreme Court stating, “an employer who fires an individual merely for being gay or transgender defies the law.”
This is now the law of the land, and the EEOC now ensures that LGBTQ federal employees can enforce their rights through the EEO complaint process the same as members of other protected classes.
President Biden has also issued an Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation in which he directed the head of every federal agency to apply the Bostock decision.
Prior to this, however, the EEOC had already issued several favorable decisions with respect to the rights of transgender federal employees in the federal government workplace, including:
If you believe that your federal agency is discriminating against you because of your sexual orientation or gender identity, the federal employment attorneys at the Federal Practice Group can consult with you to explain how to protect your rights, file an EEO complaint, and seek relief from the discrimination you are facing. Contact us today to set up a consultation.
Connect with us in our D.C., Oklahoma, or California offices by calling the office number below. We'll provide you with the guidance and representation you need.