In an article published in Law360, Brooks Pierce Partner Jessi Thaller-Moran was quoted discussing a California federal court ruling that allowed a former senior EEOC employee to move forward with a gender-identity-bias lawsuit against the agency.
The article notes that U.S. Magistrate Judge Thomas S. Hixson found the agency's actions and statements can reasonably be construed as expressions of anti-transgender hostility. The article also explains that the reasoning isn't limited to public agencies, and that private employers' outward-facing communications could pose similar risks.
Thaller-Moran, representing management, emphasized that all employers should heed the decision. "Employers need to be mindful of the fact that there's nothing that's magically insulated from consideration as part of a Title VII hostile work environment discrimination claim," she said.
She added, "While of course, we want to be mindful about how we're engaging with employees on an individual basis, it's also important to be mindful of the environment that is being created at the employer by virtue of policies and positions being taken."
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