Legal Experts Remind Business Leaders: Gender Identity Discrimination Remains Illegal in the Workplace

Gender Identity Discrimination Violates Title VII

In 2020, the U.S. Supreme Court held in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating on the basis of an employee’s transgender status. Title VII is the primary federal statute governing employment discrimination by private sector employers with 15 or more employees.

Trump’s Executive Order Does Not Override Title VII Law on Gender Identity Discrimination

On January 20, 2025, President Trump issued Executive Order 14168, titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." The order directs federal agencies to enforce laws "to protect men and women as biologically distinct sexes." Private sector employers should understand that executive orders cannot change Title VII law or override the Supreme Court’s Bostock opinion.

EEOC’s New Agenda Does Not Override Title VII Law on Gender Identity Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency that investigates and enforces federal employment discrimination laws, including Title VII. The EEOC’s new Acting Chair, Andrea Lucas, issued a press release on January 28, 2025, in response to Executive Order 14168. The EEOC announced that its new priority is to defend the biological and binary reality of sex. Despite the EEOC’s retreat from gender identity discrimination claims, private sector employers should not view these agency moves as an actual change in federal law.

Many State Laws Also Prohibit Gender Identity Discrimination in the Workplace

Employers should keep in mind that many state and local laws explicitly prohibit workplace discrimination because of an employee’s gender expression or identity. State and local laws are not impacted by executive orders or shifts in the federal EEOC’s agenda.

Key Takeaways for Employers on Gender Identity Discrimination

• Unless the Bostock decision is reversed, employers can anticipate that charges of discrimination based on gender identity will continue to be filed.
• It is important to acknowledge that discrimination against transgender and nonbinary individuals remains illegal under federal law, as well as under many state and local laws.
• Employers need to continue to take measures to ensure that these rights are protected.

Conclusion

Legal experts remind business leaders that it is still illegal for most employers to discriminate against employees because of their transgender status. The Trump Administration’s campaign against transgender individuals does not override federal and state laws prohibiting gender identity discrimination in the workplace. Employers should keep in mind that many state and local laws explicitly prohibit workplace discrimination because of an employee’s gender expression or identity.

Frequently Asked Questions

Q: Can the EEOC’s new agenda change federal law on gender identity discrimination?
A: No, the EEOC’s agenda cannot change a law passed by Congress or the Supreme Court’s interpretation of that law.

Q: Can an executive order change Title VII law on gender identity discrimination?
A: No, an executive order cannot change Title VII law or override the Supreme Court’s Bostock opinion.

Q: What if an employee is not satisfied with the EEOC’s handling of their gender identity discrimination claim?
A: The employee may still pursue their claim in Federal Court on their own, either pro se or through their own private attorney.

Introduction

Diversity training programs have become an essential part of the modern workplace, aiming to create a more inclusive and equitable environment for all employees. However, with the increasing importance of diversity training, it’s crucial to ensure that these programs are designed and implemented effectively. In this article, we’ll explore the best practices and tips for designing diversity training that works, helping you create a positive and productive work environment for all.

Understanding the Importance of Diversity Training

Diversity training is not just a compliance exercise; it’s an essential step towards creating a culture of inclusion and respect. When employees feel valued and respected, they are more likely to be engaged, motivated, and productive. On the other hand, a lack of diversity training can lead to low employee morale, high turnover rates, and a negative impact on overall business performance.

Designing Effective Diversity Training Programs

So, how can you design diversity training that works? Here are some best practices to consider:

1. Identify the Target Audience

Before designing your diversity training program, it’s essential to identify the target audience. Who are the employees that will be participating in the training? What are their needs, concerns, and expectations? By understanding your target audience, you can tailor your training to their specific needs, increasing the effectiveness of the program.

2. Set Clear Objectives

What are the objectives of your diversity training program? Are you looking to increase cultural awareness, combat unconscious bias, or promote inclusion? Setting clear objectives will help you create a focused and effective program that achieves the desired outcomes.

3. Use Interactive and Engaging Content

Diversity training should be engaging, interactive, and relevant to the target audience. Use a variety of teaching methods, such as videos, group discussions, and role-playing exercises, to keep participants engaged and interested.

4. Incorporate Real-Life Scenarios

Real-life scenarios are an excellent way to illustrate the importance of diversity and inclusion. Use relatable scenarios to demonstrate the impact of bias, discrimination, and harassment, and show how employees can make a positive difference.

5. Provide Opportunities for Feedback and Reflection

Diversity training should not be a one-way conversation; it should be a two-way dialogue. Provide opportunities for participants to share their thoughts, concerns, and experiences, and encourage reflection and self-awareness.

6. Follow Up with Action Plans

Diversity training is not just about the training itself; it’s about creating a change in behavior and culture. Encourage participants to develop action plans, outlining the steps they will take to apply what they’ve learned in their daily work lives.

Best Practices for Delivering Diversity Training

Now that you’ve designed your diversity training program, it’s time to deliver it. Here are some best practices to ensure a successful delivery:

1. Use Technology to Enhance Learning

Technology can be a powerful tool in delivering diversity training. Use virtual reality, simulations, and online modules to create an immersive and interactive learning experience.

2. Use Real-Life Examples and Case Studies

Real-life examples and case studies are an effective way to illustrate the importance of diversity and inclusion. Use stories of successful diversity initiatives, and highlight the benefits of a diverse and inclusive workplace.

3. Encourage Active Learning and Participation

Encourage active learning and participation by using group discussions, role-playing exercises, and case studies. This will help participants engage with the material and retain the information better.

Conclusion

Designing diversity training that works requires careful planning, consideration of the target audience, and a clear understanding of the objectives. By following the best practices outlined in this article, you can create a comprehensive and effective diversity training program that promotes a positive and inclusive work environment. Remember to use interactive and engaging content, incorporate real-life scenarios, provide opportunities for feedback and reflection, and follow up with action plans. By doing so, you can create a workplace culture that values diversity and promotes inclusion, ultimately driving better business outcomes and a positive impact on your organization.

Frequently Asked Questions

Q: What is the goal of diversity training?
A: The primary goal of diversity training is to create a culture of inclusion and respect, promoting a positive and productive work environment.

Q: Who should be involved in designing diversity training?
A: The target audience, subject matter experts, and organizational leaders should be involved in designing diversity training to ensure it is relevant and effective.

Q: What are some best practices for delivering diversity training?
A: Some best practices for delivering diversity training include using technology to enhance learning, using real-life examples and case studies, and encouraging active learning and participation.

Q: How do I measure the effectiveness of diversity training?
A: To measure the effectiveness of diversity training, track participation, engagement, and feedback, and conduct follow-up surveys to assess the impact on behavior and culture.

Generation Z: A Divided Generation on Gender Issues

New Survey Reveals Wide Gaps in Opinions on Feminism, Women’s Rights, and Gender Roles

A recent survey conducted by Ipsos UK and the Global Institute for Women’s Leadership at King’s College London has revealed that Gen Z women and men are more divided than any other generation on a range of topics related to gender. The survey, which polled 24,000 individuals across 30 countries, found significant disparities in opinions on feminism, women’s rights, and gender roles in society.

Feminism and Gender Roles

The survey found that 53% of Gen Z women define themselves as a feminist, while only 32% of Gen Z men do, a 21-percentage-point gap. In contrast, the gap between millennial women and men is 14 percentage points, and for Gen X, it is 8 percentage points.

Staying at Home to Care for Children

The survey also revealed that 19% of Gen Z women think that a man who stays at home to look after his children is "less of a man," while 28% of Gen Z men share this view. This 9-percentage-point gap is more than double the gap for millennials and Gen X when asked the same question.

Perception of Tension between Genders

Moreover, 59% of Gen Z respondents believe that there is a gap between men and women in their respective countries, compared to 54% of millennials, 47% of Gen X, and 40% of Baby Boomers.

Experts’ Insights

"This is often fueled by politicians and media who capitalize on a zero-sum game narrative – framing the advancement of women as the cause of broader societal grievances, such as the decline of well-paid, secure jobs," said Professor Heejung Chung, Director of the Global Institute for Women’s Leadership at King’s College London.

"It is essential to promote a growth mindset, reinforcing the idea that gender equality can benefit everyone," she added.

"The data underscores the urgent need for nuanced conversations and inclusive solutions that address the concerns of all genders, particularly when considered against the backdrop of recent elections in the U.S. and Germany, where young men were significantly more likely than young women to back right-wing political parties," said Kelly Beaver, Chief Executive of Ipsos in the UK and Ireland.

Conclusion

The survey’s findings suggest that Gen Z is a divided generation on gender issues, with significant gaps in opinions on feminism, women’s rights, and gender roles. To address these divides, it is essential to promote a growth mindset and inclusive solutions that benefit all genders, rather than pitting them against each other.

Frequently Asked Questions

Q: What is the definition of Gen Z?
A: Gen Z is broadly defined as those born between 1997 and 2012.

Q: What is the gap in opinions on feminism between Gen Z women and men?
A: 21 percentage points, with 53% of Gen Z women defining themselves as a feminist, compared to 32% of Gen Z men.

Q: What is the gap in opinions on a man staying at home to care for children between Gen Z women and men?
A: 9 percentage points, with 19% of Gen Z women thinking that a man who stays at home is "less of a man," compared to 28% of Gen Z men.

Q: How many countries were surveyed in the study?
A: 30 countries.