A Message from EEOC Chair Charlotte A. Burrows for Pride Month 2023

Three years ago today, the Supreme Court issued its landmark decision in Bostock v. Clayton County. Consistent with the longstanding position of the U.S. Equal Employment Opportunity Commission (EEOC or Commission), the Court held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation or gender identity because both are forms of sex discrimination. That decision, interpreting federal law that applies throughout the United States, is an important milestone in the ongoing effort to promote equal employment opportunities for everyone, including LGBTQI+ workers.

Today is also LGBTQI+ Equal Pay Awareness Day, an occasion to focus on closing the wage gap faced by LGBTQI+ workers in America. A survey by the Human Rights Campaign Foundation found that full-time LGBTQI+ workers, on average, earn less compared to all full-time workers, and that pay disparities are even wider for LGBTQI+ women, transgender men and women, and LGBTQI+ people of color. To show your support for equal pay, see EEOC’s social media campaign to #LevelThePayingField.

At the EEOC, we remain committed to robust education and outreach about the Bostock decision and using our enforcement authorities, when appropriate, to remedy unlawful discrimination in any aspect of employment. For example, as highlighted in the EEOC’s annual performance report, the Commission hosted nearly 350 outreach events during the last fiscal year to educate workers and employers about Bostock and promising practices to promote safe, inclusive, and respectful work environments. The Commission also recovered approximately $8.7 million during the 2022 fiscal year in cases involving an allegation of sexual orientation or gender identity discrimination. 

More recently, in the first half of 2023, the EEOC has filed four new lawsuits seeking relief for individuals who were discriminated against because of their sexual orientation or gender identity. Those new cases include:

• EEOC v. T.C. Wheelers, Inc. (filed March 30, 2023), in which the Commission is seeking relief for a transgender man who was subjected to severe harassment that included invasive questions about his transition and genitalia, statements that he wasn’t a “real man,” and repeated and intentional use of female pronouns when addressing him;
• EEOC v. Sandia Transportation, LLC (filed March 31, 2023), in which the Commission is seeking relief for a class of female employees who were subjected to harassment based on their sex and sexual orientation, including the company owner calling them “f*ckin’ lesbians” and saying “women like you would be killed in my country”;
• EEOC v. Aged Artisans LLC dba Square Barrels (filed May 11, 2023), in which the Commission is seeking relief for male employees who were harassed based on their sex and sexual orientation, including the company’s co-owner exposing his genitals in the workplace, making repeated comments about their sexual orientation, and subjecting the employees to unwanted touching and sexual requests; and
• EEOC v.  R & G Endeavors, Inc. dba Culver’s Restaurants of Cottage Grove (filed May 23, 2023), in which the Commission is seeking relief for employees who were subjected to multiple forms of harassment, including a Black gay man who was the target of racist and homophobic insults, including the n-word and f-word.

Those recently filed lawsuits are a reminder that even as we celebrate Pride Month and the many accomplishments of the LGBTQI+ community, many of our friends, neighbors, colleagues, and family members continue to face discrimination at work and in other areas of life because of who they are or who they love. Their strength, resilience, and courage provide an example for all of us as we do our part to prevent unlawful discrimination from occurring and take appropriate action when it does. I look forward to the day when Bostock’s promise is truly a reality in fact as well as in law.

Charlotte A. Burrows (she/her/hers)

Chair

U.S. Equal Employment Opportunity Commission