"A fair workplace rises when all are valued equally."
Promoting Workplace Equality Rights
What Is Sexual Orientation and Gender Identity?
Sexual Orientation describes who a person is emotionally, romantically, and/or sexually attracted to, despite their own gender identity.
Gender Identity is a person’s inner, personal sense of being female, male, both, neither, or wherever else they may fall on the gender spectrum. This is distinctly separate from their sex (biological classification), sex assigned at birth, and sexual orientation.
Sexual Orientation and Gender Identity Discrimination is the inequitable treatment of a person or people based on their sexual attraction preferences or their gender expression.
What Could Discrimination Look Like?
Sexual Orientation and Gender Identity discrimination may manifest in several ways in the workplace, including making hiring decisions based on derogatory stereotypes rather than a true analysis of the candidate’s skills and abilities.
Sex and Gender based workplace policies often present potential points of discrimination. Sex-based bathroom access may force a transgender employee to use a bathroom that does not align with their gender identity, creating an unsafe environment for that person. Sex-based uniforms unnecessarily pressure workers to identify with gendered clothing they may find uncomfortable wearing.
Employees whose sexual orientation or gender identity is different from the “traditional” or “norm” may face significant harassment in the form of derogatory remarks, slurs, and/or offensive jokes that specifically reference their sexual orientation and/or gender orientation.
How to Avoid Discrimination and Ensure Workplace Equality?
Employers can review and update policies that may unnecessarily rely on sex-based distinctions and offer non-discriminate accommodations, such as non-gendered bathrooms. Regular anti-harassment training should be held, and employers can actively work to create a culture of inclusion.
Sexual Orientation and Gender Identity: Title VII Protections
- Hiring, Promotion, and Employment Decisions
- Employers must not base hiring, firing, pay, promotions, job assignments, layoffs, or benefits on an individual’s sexual orientation or gender identity. All employment practices should be applied consistently and focus solely on job-related qualifications. Practices that disproportionately exclude LGBTQ+ employees or candidates may be unlawful.
- Pre-Employment Inquiries
- Asking about an applicant’s sexual orientation, gender identity, or gender expression before hiring may suggest discriminatory intent and can serve as evidence of unlawful discrimination if used in selection decisions. When such information is collected for legitimate purposes, such as affirmative action or reporting, it should be kept separate from the hiring process to avoid bias.
- Compensation and Employment Terms
- Discrimination based on sexual orientation or gender identity in pay, benefits, work assignments, performance evaluations, training, discipline, or discharge is prohibited under Title VII. Employers must ensure that workplace policies and practices apply equally to all employees, regardless of sexual orientation or gender identity.
- Harassment
- Harassment based on sexual orientation or gender identity (including offensive jokes, derogatory comments, or other unwelcome conduct) is unlawful when it creates a hostile or intimidating work environment or interferes with an employee’s job performance. Protections also cover harassment based on perceived sexual orientation or gender identity, even if the perception is inaccurate.
- Retaliation
- Employees are protected from retaliation when they oppose discrimination based on sexual orientation or gender identity or participate in EEOC investigations or complaints, such as filing a charge or assisting in an inquiry.
- Segregation and Classification
- Separating employees, assigning them only to certain roles or locations, or making employment decisions based on sexual orientation or gender identity is illegal. These characteristics can never be considered valid job qualifications under Title VII.
- Employment Agencies, Labor Organizations, and Training Programs
- Employment agencies and labor organizations may not discriminate in job referrals, membership, or access to training opportunities based on sexual orientation or gender identity. Employers must ensure that apprenticeship programs and other training opportunities are equally accessible to all employees, regardless of LGBTQ+ status.
How Can Goodwin Recruiting Assist?
At Goodwin Recruiting, we are committed to promoting fair, inclusive, and equitable hiring practices that align with EEO laws, including protections against discrimination based on sexual orientation and gender identity. We partner with organizations to build hiring strategies that attract top talent from all backgrounds while minimizing legal and ethical risks in the recruitment process.
Inclusive Recruitment Strategies
We ensure our sourcing and recruiting methods do not rely on limited networks or biased criteria that could exclude qualified candidates based on sexual orientation or gender identity. Our recruiters actively promote diverse candidate slates and apply consistent, job-related qualifications across all positions.
Bias-Free Screening and Evaluation
We help our clients design screening processes that focus solely on skills, experience, and job-related qualifications. Our team is trained to identify and remove unconscious bias that could affect resume review, interview questions, or candidate evaluation, ensuring fair treatment for all candidates.
Interview Process Support
We provide guidance on structuring interviews and best practices to ensure compliance with EEO standards. This includes advising clients on lawful and appropriate questions, avoiding assumptions based on sexual orientation or gender identity, and maintaining consistent evaluation criteria for every applicant.
Education and Awareness
Goodwin Recruiting offers resources and training to help hiring managers recognize and prevent practices that could unintentionally discriminate against candidates based on sexual orientation or gender identity. This includes guidance on workplace policies, accommodations, or benefits that may disproportionately affect LGBTQ+ employees or candidates.
Compliance Alignment
We stay up to date on EEOC regulations and federal employment law to help our clients remain fully compliant. By emphasizing fair hiring practices and equal opportunity, we support organizations in creating respectful, inclusive, and high-performing workplaces.
Partner with Goodwin Recruiting to ensure your hiring practices are fair, inclusive, and fully compliant with protections against sexual orientation and gender identity discrimination under Title VII. Contact us today to learn how we can help you attract the best talent from every background.
