The EEOC is expected to rescind guidance on harassment based on gender identity – should employers remove gender identity from their anti-harassment policies?
The short answer: No. Absolutely not.
The law has not changed. Under Title VII, sex discrimination still includes discrimination based on transgender status—and that includes harassment.
The Supreme Court has confirmed this, and so have courts nationwide.
The EEOC cannot undo that by issuing different guidance.
But even setting the EEOC aside, the law is only a minimum standard. Employers can—and should—choose to protect their employees because it’s the right thing to do. Your policies should reflect your organization’s values and commitment to respect, not the lowest bar a shifting agency position might suggest.
So keep gender identity in your anti-harassment policy. Follow actual law. Protect all employees.
