Washington D.C., Jul 8, 2021 / 17:00 pm
Recent federal LGBT nondiscrimination guidance for employers goes far beyond the law, one legal and religious freedom expert told CNA.
“This is an outrageous overreach compared to what the Supreme Court said [in Bostock v. Clayton County],” said John Bursch, senior counsel and vice president of appellate advocacy with the group Alliance Defending Freedom, in a June 22 interview with CNA
The Equal Employment Opportunity Commission (EEOC) in June promoted its online resources about “sexual orientation and gender identity workplace rights.” The EEOC cited the June 2020 Supreme Court ruling in Bostock v. Clayton County as the legal basis for its findings.
The court ruled in Bostock that employers could not hire or fire employees based on their sexual orientation or self-determined gender identity. Title VII of the Civil Rights Act prohibits sex discrimination in the workplace, and the court extended that definition of “sex” to include sexual orientation and gender identity as protected classes.