The two processes are distinct and serve different purposes. A complaint filed with your Agency WECO is not the same as filing a complaint with CRC. If you believe that you have experienced unlawful disparate treatment or a hostile work environment (harassing conduct that is severe or pervasive), you should contact the Civil Rights Center (CRC), which is responsible for ensuring nondiscrimination within the Department and processing discrimination complaints in accordance with the Federal Sector Equal Employment Opportunity (EEO) Complaint Processing Regulations, found at 29 C.F.R. If you believe you are being subjected to harassing conduct, please contact your Agency Workplace Equality Compliance Office (WECO), which processes allegations of harassing conduct in accordance with DOL's policy and procedures with the goal of stopping the harassing conduct before it becomes severe or pervasive, and a violation of the law. What are my rights under DOL's gender identity policies? DOL employees and applicants for employment have the right to experience a workplace free of discrimination, including harassment. Hopkins ruled that these policies 4 also protect people against sex stereotyping – for instance, women who some people think are "too masculine" or men who some people think are "too feminine."ĭOL policies barring discrimination and harassment on the basis of sex protect employees and applicants for employment from being harassed, denied employment or promotion, or otherwise subjected to adverse treatment because they do not conform to societal gender expectations. Over 30 years ago, the Supreme Court in Price Waterhouse v. Policies barring these forms of discrimination not only protect those who openly identify as transgender, femme, masc, or non-binary, but they also protect anyone who might express their gender in any way that does not conform to preconceived notions about how people of a particular gender should express themselves. ![]() Who is protected from discrimination based on gender identity or expression? Discrimination based on gender identity or expression can affect anyone. These statistics underscore the importance of the Department creating a safe environment for all of its employees. Non-binary respondents (66%) were nearly twice as likely to avoid asking to be referred to by their correct pronouns compared to transgender men and women (34%). 3 In this same study, nearly half (47%) said they did not ask their employer to refer to them with correct pronouns (such as he, she, or they) out of fear of discrimination. A 2015 study by the National Center for Transgender Equality indicated that 77% of transgender respondents who had a job in the preceding year reported taking steps to avoid mistreatment at work, such as hiding their gender transition at work or quitting their job. Studies have shown that transgender and non-binary people face disproportionate amounts of discrimination in all areas of life, notably in employment. Clayton County affirmed this interpretation, cementing protections for transgender and non-binary workers. 2 DOL's policies also comport with Executive Order 1368, which further prohibit discrimination in the civilian federal workforce on the basis of gender identity.ĭiscrimination, including harassment, based on gender identity or expression is sex discrimination. Policies prohibiting discrimination based on transgender status, gender identity, or gender expression create the reasonable expectation of an environment where all employees and applicants for employment are evaluated by their performance, rather than by their gender identity or expression or others' perceptions thereof.įurther, DOL's policies are consistent with the policies of other Federal agencies, such as the Equal Employment Opportunity Commission (EEOC), Department of Justice (DOJ), and Office of Personnel Management (OPM), including OPM's Guidance Regarding the Employment of Transgender Individuals in the Federal Workplace. ![]() The Department's policies reaffirm DOL's commitment to fair treatment of, and equal opportunity for, all people. 1 Why do the Department's policies explicitly prohibit discrimination and harassment based on gender identity? On January 20, 2021, President Biden reaffirmed and applied these protections by issuing an Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. sex" in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1731, that discrimination based on sexual orientation or gender identity constitutes discrimination "because of. In 2020, the Supreme Court ruled in Bostock v. This commitment, which has grown significantly over time, necessarily extends to all DOL employees and applicants for DOL employment. ![]() Since the Department of Labor's (DOL's or the Department's) earliest years, it has been committed to promoting equal opportunity in employment.
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