A person’s “gender identity” – their deeply-felt, internal sense of being male, female, or something in between – may not always be consistent with their “gender assigned at birth”. As a result, they may appear or behave in a manner which is consistent with their gender identity but inconsistent with their gender assigned at birth. This may create HR issues in the workplace.
In the recent past, administrative agencies (e.g., the EEOC, the Dept. of Justice and the Dept. of Ed., Office for Civil Rights) and some courts have begun to interpret the phrase “because of sex” as that phrase is used in anti-discrimination legislation to include discrimination on the basis of gender identity.
Mr. Knudsen spoke to more than fifty Human Resources Managers from the Black Hills are regarding how this interpretation of the law has developed, how it is only now working its way through the courts to determine whether the interpretation is valid or not, and what businesses should be doing – what are the current “best practices” – in the event a transgender issue develops in its workplace. Read on for more information on this timely topic.