While the EEOC guidance does not have the full force of a law passed by Congress or a federal regulation properly adopted by an agency, it is a powerful signal to workers and employers alike that "sexual orientation" and "gender identity" claims filed with the EEOC will be approved. Hundreds of such claims can be expected as the guidance applies to all employers, public and private, with 15 or more workers. It makes no allowance for religious employers or those with religious objections. The EEOC guidelines are expected to be challenged in court, but it is by no means certain that our side would prevail. You may recall the shocking decision of the US Supreme Court a few years back that held that employers could be sued for terminating someone claiming to be transgender. |