EEOC updates guidance on LGBTQ+ issues, including transgender restroom access

The EEOC issued updated guidance on LGBTQ+ issues. Although there are reports that some contest the validity of its guidance, the guidance seems, at least on initial review, largely consistent with the EEOC’s prior views and with various state laws, including Colorado’s. The guidance follows on the heels of the Supreme Court’s decision in Bostock that LGBTQ+ classes generally already fall within Title VII’s longstanding protections for “sex.” Highlights of the guidance include the principle that transgendered individuals should be allowed to use the restroom of their choice, that transgendered individuals may choose to dress and present in the manner of their choice (employers may not mandate gender-specific clothing contrary to the individual’s expressed gender), that customer preferences cannot excuse discrimination, and that the use of pronouns contrary to an employee’s expressed gender may be evidence of discrimination.