In light of the Trump Administration’s recent announcement that the Equal Employment Opportunity Commission (EEOC) will seek to drop and no longer prosecute cases of LGBTQ discrimination, many businesses and employers are left wondering how to navigate this significant shift. Understanding the potential impact of these changes is crucial for organizations committed to fostering inclusive workplaces and mitigating legal risks.
In this Q&A, we speak with Attorney Janet Swerdlow, partner at Los Angeles, California-based employer-side labor and employment law firm, Swerdlow Florence Sanchez Swerdlow & Wimmer, ALC, to gain her insights on what this development means for employers and explore practical steps businesses can take to uphold best practices in diversity, equity, and inclusion, regardless of federal enforcement priorities.
CB: Given the EEOC’s intention to drop cases of LGBTQ discrimination under the Trump Administration, what legal obligations do employers still have at the federal and state levels regarding LGBTQ workplace protections?
JS: Just because the EEOC, under the Trump administration, intends to drop cases of LGBTQ discrimination, employers must understand that Title VII of the Civil Rights Act prohibits discrimination on the basis of “sex,” which is defined to include sexual orientation and transgender status. As such, employees who believe they are subject to discrimination on the basis of sexual orientation or transgender status still have the right to bring a private lawsuit against their employers.
In addition, some states, including California, have state laws that prohibit discrimination on the basis of sexual orientation and transgender status, and employees can bring private lawsuits against their employers for violating those state laws. As such, despite the Trump Administration’s proclamation, employers should not engage in discrimination against employees based upon their LGBTQ status.
About Janet I. Swerdlow, Esq.
Janet Swerdlow has been practicing exclusively in the area of labor and employment law, representing employers, since 1991. Ms. Swerdlow routinely represents employers before administrative agencies and federal and state courts. She counsels and assists employers in developing, implementing, and maintaining practices that minimize the risk of litigation in the workplace. Before joining the firm in 1998, Ms. Swerdlow practiced in the Labor and Employment Department at O’Melveny & Myers LLP in Los Angeles. Prior to attending law school, Ms. Swerdlow worked for several years as a mechanical and software engineer for TRW.
