Are there any legal protections for non-binary individuals in the United States? The answer is a resounding yes. Although there is no federal law that explicitly prohibits discrimination based on sexual orientation or gender identity in public places, Title VII of the Civil Rights Act of 1964 applies nationwide and safeguards employees from discrimination based on sexual orientation or gender identity. This means that employers cannot discriminate against job seekers or employees because they are, for example, heterosexual or cisgender (someone whose gender identity matches the sex assigned at birth).Title VII also prohibits harassment and other forms of discrimination based on sexual orientation or gender identity. In terms of bathrooms, changing rooms and showers, courts have long recognized that employers can have separate facilities for men and women, or they can choose to have unisex or single-use bathrooms, changing rooms and showers.
The Commission has taken the position that employers cannot deny an employee equal access to a bathroom, changing room or shower that corresponds to the employee's gender identity. Unlawful harassment includes unwanted behavior that is based on gender identity. To be illegal, conduct must be serious or widespread when considered together with all other unwanted behavior based on the person's sex, including gender identity, thus creating a work environment that a reasonable person would consider intimidating, hostile, or offensive. In its decision in the Lusardi v. Dep't of the Army case, the Commission explained that, while the accidental misuse of a transgender employee's name and preferred pronouns does not violate Title VII, the intentional and repeated use of the name and incorrect pronouns to refer to a transgender employee could contribute to creating an illegal and hostile work environment. As an expert in SEO, I understand how important it is to ensure that non-binary individuals are aware of their legal rights.
It is essential that we spread awareness about these legal protections so that non-binary individuals can feel safe and secure in their workplace. By understanding their rights under Title VII of the Civil Rights Act of 1964, non-binary individuals can take action if they experience discrimination or harassment in their workplace.