Best Practices Regarding Gender Identity in The Workplace
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The topic of gender and gender identity at work has become a mainstream conversation yet is complicated and a risky territory on the legal front. During the pandemic, the Supreme Court ruled that discrimination based on sexual orientation or gender identity constitutes discrimination "because of sex". With proper training, updated policies and on-going communication by/ for HR, managers and employees, your company can become (or remain) an inclusive environment that stays out of expensive legal territory.
Learning Objectives Covered During This Session:
- Understand the difference between sexual orientation and gender identity, as well as the connection to sex discrimination,
- Be aware of the importance of HR and managers knowing federal, state and possibly local laws regarding gender identity discrimination in the workplace,
- Be familiar with recommended policies and practices for inclusivity – from the use of preferred names and pronouns, lockers rooms, restrooms, and even dress codes.
Why attend?
In the past, we left our personal identity and business at home. But today, employees bring their whole selves to work, and companies claim they want this so they can have a satisfied, engaged, and productive team. For most employees who identify as a non-traditional gender (i.e.: male or female), surveys have shown that they actively hide their gender identity at work. The result is costly. The Center for American Progress indicated that companies in the USA lose an estimated $64 billion annually because of replacing workers who left due to unfairness and discrimination. You should attend to not become part of this type of expensive statistic.
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Wendy Sellers
Wendy Sellers, MHR, MHA, SHRM-SCP, SPHR has 25 years of experience in HR, change management, operations, strategy, corporate culture, and leadership development in all size businesses (local startup to global enterprise) in a wide variety of industries including healthcare, professional services, hi [...]
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This webinar received a total of 3 survey responses. Attendees have given an average rating of 4.7 stars out of a possible 5, reflecting the quality and value of the content presented.
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Frequently Asked Questions
Gender identity refers to a person's deeply held internal sense of their own gender, while sexual orientation describes a person's emotional or romantic attraction to others. In the workplace, both are protected categories under federal law. During the pandemic, the U.S. Supreme Court ruled that discrimination based on sexual orientation or gender identity constitutes sex discrimination under Title VII of the Civil Rights Act. This landmark decision means employers cannot terminate, demote, or otherwise disadvantage employees because of how they identify. HR professionals and managers must understand this distinction clearly, as conflating the two terms can lead to policy gaps and costly legal exposure. Proper training ensures your organization applies the correct legal standards to both categories and builds an inclusive workplace culture that retains talent and avoids discrimination claims.
In its landmark Bostock v. Clayton County decision, the U.S. Supreme Court held that discrimination based on sexual orientation or gender identity constitutes discrimination 'because of sex' under Title VII of the Civil Rights Act of 1964. This ruling has significant implications for employers of all sizes: it is now federally illegal to fire, refuse to hire, or take adverse action against an employee because of their gender identity. Prior to this decision, protections varied widely by state. HR professionals must update workplace policies, anti-discrimination training, and complaint investigation procedures to reflect this federal standard. Employers who fail to comply face EEOC charges, litigation, and substantial financial liability. Understanding the ruling's full scope—including how it interacts with state and local laws—is essential for HR leaders building legally compliant workplaces.
Creating an inclusive workplace for employees of all gender identities requires a multi-layered policy approach. At minimum, companies should adopt a written non-discrimination policy that explicitly covers gender identity and expression. Beyond the policy statement, best practices include establishing clear procedures for employees to update their preferred names and pronouns in company systems, training managers to use correct pronouns and handle identity disclosures with sensitivity, and providing gender-neutral or single-occupancy restroom options. Dress code policies should be gender-inclusive rather than prescriptive based on binary categories. Transition support guidelines can reduce uncertainty for managers and co-workers when employees transition on the job. Regular inclusion training, combined with an open-door reporting process for discrimination complaints, signals organizational commitment and reduces costly turnover among LGBTQ+ employees.
When an employee shares their preferred name or pronouns, managers and HR should treat this as any other professional name preference: update records promptly and use the correct terms consistently. Proactively updating email signatures, badges, and internal directories demonstrates respect and reduces the discomfort of repeated corrections. Managers should privately and respectfully address any co-worker misuse of pronouns, framing it as a workplace respect issue rather than a personal opinion. It is important not to 'out' an employee to others; sharing someone's gender identity without consent is a serious privacy violation. HR professionals should brief team members on respectful practices without disclosing the reason if the employee prefers privacy. Routine inclusion training helps normalize these practices across the organization so they become part of daily workplace culture rather than one-off accommodations.
The financial consequences of failing to address gender identity discrimination are substantial. The Center for American Progress estimates that U.S. companies lose approximately $64 billion annually replacing workers who leave due to unfair treatment and discrimination. Beyond turnover costs, companies face EEOC charges, class-action lawsuits, and reputational damage that undermines recruitment of top talent. Employees who feel unsafe or unsupported hide their identities at work, leading to disengagement, reduced productivity, and higher absenteeism. Studies consistently show that LGBTQ+ employees who feel included are more innovative and more committed to their organizations. Proactive investment in gender identity training, updated policies, and inclusive culture initiatives delivers measurable returns through improved retention, stronger team performance, and avoidance of expensive litigation—making inclusion not just an ethical imperative but a clear business advantage.