Employers who repeatedly misgender their employees or deny them access to a bathroom consistent with their gender identity are committing workplace harassment under federal anti-discrimination laws, according to a new guidance released Monday by the Equal Employment Opportunity Commission.
The changes released Monday mark the first update to the guidelines in 25 years by the federal agency. They are based on legal standards protecting employees from harassment under a protected characteristic: race, religion, color, national origin, disability, age, genetic information and sex. That last category includes pregnancy, sexual orientation and gender identity.