October Issue Highlights
- September note from the editor
- Profile – Jeff Ginsburg, SPHR
- 2014 TN SHRM State Council
- Wellness Programs: The Positive Impact on Worker’s Compensation by Michael Gnatek
- 30th Annual KY SHRM State Conference in Louisville September 24-26
- 2014 Tennessee SHRM Conference and Expo September 17-19 in Sevierville
- EEOC Training Seminar in Hot Springs July 22
- 13th Annual Employment Law and Legislative Affairs Conference Agenda in Little Rock September 18-19
- SHRM-Memphis Job Fair
- Back to School with Workplace Flexibility by Lisa Horn
- A Lower Cost Better Performing Alternative to the Typical 401 (k) Plan by Chip Taulbee
- Anti-Bullying Laws . . . The New Frontier by Craig A. Cowart
- To Do: Update the Employee Handbook by Christy Showalter
- Countless Reasons to Add Voluntary Accident Insurance to Your Benefits by Blake Rogers, Jimmy Hinton, and Ricky Reynolds
- Mississippi Strengthens Right-To-Work Status by Timothy W. Lindsay
- Buyer Beware: Asset Purchases May Face Liability for Sellers’ Labor and Employment Law Violations by Michael S. Moschel and Stephanie A. Roth
- Using a Health Care Savings Account to Build Wealth by Charles Sims, Jr.
- The Evolving Nature of Workplace Wellness: Contingent Incentives Move to the Leading Edge by William H. West, M.D.
- What Has the OCAHO Been Doing the 1st Half of the Year by Bruce E. Buchanan
- The Paradigm Shift in Retirement Plan Consulting by Charles Auerbach
- 6 Must Dos When Delivering Bad News by Harvey Deutschendorf
- Wellness Southern Style by Elisabeth A. Doehring
- Web Exclusive – How to Increase Accountability in Your Organization by Cynthia Y. Thompson
OFCCP Extends Transgender and Gender Identity Rights
(August 19, 2014) The Office of Federal Contract Compliance Programs (OFCCP) announced new protections for transgender individuals and those with nontraditional gender identities. It announced that existing agency guidance on discrimination on the basis of sex under Executive Order 11246, as amended, includes discrimination on the basis of gender identity and transgender status.
Executive Order 11246 prohibits federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex or national origin. Executive Order 13672, effective July 21, 2014, amended it to add sexual orientation and gender identity to the list of protected categories. As HR professionals know, Executive Order 11246’s nondiscrimination standards are based on Title VII.
Executive Order 13672 interprets the phrase “on the basis of sex” to include gender identity and transgender status is in addition to gender identity as a protected category under Title VII. This action is largely based on a 2012 EEOC Title VII decision that strengthens legal protections against discrimination based on gender identity and transgender status, and is consistent with the DOL’s current policies and practices.
Under current Title VII case law principles, discrimination based on gender identity or transgender status is discrimination based on sex, according to the EEOC’s April 20, 2012, decision in Macy v. Holder. In this case, the EEOC unanimously concluded that discrimination because a person is transgender is sex discrimination, which violates Title VII.
The complainant in Macy, a transgender woman working as a police detective, alleged that she was denied a job with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) when she informed the ATF that she was in the process of transitioning from male to female. The EEOC concluded that discrimination on those grounds was discrimination ‘on the basis of sex,’ and cited both the text of Title VII and multiple federal court decisions also interpreting the statute.
The EEOC compared switching sex to switching religion, stating “Assume that an employee considers herself Christian and identifies as such. But assume that an employer finds out that the employee’s parents are Muslim, believes that the employee should therefore be Muslim and terminates the employee on that basis. No one would doubt that such an employer discriminated on the basis of religion.”
HR Professionals Magazine is an exciting monthly trade publication designed to educate and inform HR professionals in every discipline of the Human Resources function. We cover current hot topics on employment law, staffing and recruiting, compensation and benefits, employee relations, diversity, ethics, business leadership, relocation, employee training and development, payroll, and HR technology. Employment law will not only focus on federal legislation, but also on state and local regulations for Tennessee, Arkansas, and Mississippi. Articles are detailed and comprehensive written by local HR specialists, educators, and attorneys who are highly regarded as experts in their respective fields.
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