--- title: [Real Life HR] Is gender identity considered a protected class under employment law? description: Learn about the legal protections for gender identity in employment law. Discover how the Supreme Court's decision expanded Title VII's coverage to include... image: https://blog.ahola.com/hubfs/Blue%20Pink%20Minimalist%20Gender%20Equality%20Campaign%20Instagram%20Post.png --- Start typing and press Enter to search * * # [Real Life HR] Is gender identity considered a protected class under employment law? [Home](https://www.ahola.com/) » [News & Events](https://blog.ahola.com/is-gender-identity-considered-a-protected-class-under-employment-law) » [Real Life HR] Is gender identity considered a protected class under employment law? [2023-12-20%2014:40:28](2023-12-20%2014:40:28) ![](https://blog.ahola.com/hubfs/Blue%20Pink%20Minimalist%20Gender%20Equality%20Campaign%20Instagram%20Post.png) ## [Real Life HR] Is gender identity considered a protected class under employment law? By [ Ahola Corporation ](https://blog.ahola.com/author/ahola-corporation)  Posted [ December 20, 2023](2023-12-20%2014:40:28)  In  [Employee Engagement](https://blog.ahola.com/tag/employee-engagement), [Human Resources](https://blog.ahola.com/tag/human-resources), [Safety](https://blog.ahola.com/tag/safety), [Training & Development](https://blog.ahola.com/tag/training-development), [Employees](https://blog.ahola.com/tag/employees) - - - - - Q: **Is gender identity considered a protected class under employment law? ** A: In 2020, the Supreme Court issued its landmark decision in the case Bostock v. Clayton County which held that the prohibition against sex discrimination in Title VII of the Civil Rights Act of 1964 (also known as simply “Title VII”) includes employment discrimination against an individual on the basis of sexual orientation or transgender status. So, yes! Title VII is a federal law that includes a broad range of protections. Among other things, under Title VII employers cannot discriminate against individuals based on sexual orientation or gender identity with respect to: - hiring - firing, furloughs, or reductions in force - promotions - demotions - discipline - training - work assignments - pay, overtime, or other compensation - fringe benefits - other terms, conditions, and privileges of employment. Unlawful harassment includes unwelcome conduct that is based on characteristics related to a [protected class](https://blog.ahola.com/what-are-protected-classes). To be unlawful, the conduct must be severe or pervasive when considered together with all other unwelcome conduct based on the individual’s sex including gender identity, thereby creating a work environment that a reasonable person would consider intimidating, hostile, or offensive. Other protected classes under Title VII are color, race, sex, religion, genetic information, and national origin. The ADA (Americans with Disabilities Act) and the ADEA (Age Discrimination in Employment Act) are examples of two other governing Equal Employment Opportunity (EEO) laws that must be understood and followed as determined by your [employee count](https://blog.ahola.com/understanding-labor-laws-by-company-size?utm_campaign=ProActive%20HR&utm_source=hs_email&utm_medium=email&_hsenc=p2ANqtz-8N3zJBciLN3YdgPf0ECbicX_QYraOolFM63287E7PtTSH38xJeD4W0hUucvU3hTmkCWj3Q). Most states have enacted supplementary EEO regulations that protect additional characteristics such as familial status or vaccination status. Familiarize yourself with any pertinent federal and state protections to ensure you’re compliant based on where your employees work. As you understand which protected classes or characteristics are unlawful to discriminate against, evaluate ways that you can improve current practices to create a more welcoming and legally agreeable employment relationship. For gender identity specifically, including preferred pronouns in email signatures, offering “all gender” restrooms, and using gender-neutral terms such as “they/them” in documents such as your employee handbook is a helpful start. *This Q&A does not constitute legal advice and does not address state or local law.* [Learn more about Ahola's HR Consulting Services. ](https://ahola.com/human-resources-consulting/) ### Reply a Comment ## RELATED POSTS [![](https://blog.ahola.com/hubfs/Imported_Blog_Media/qtq80-ksP339.jpeg) ](https://blog.ahola.com/understanding-employer-spending-on-employee-benefits-trends-and-strategies) [Understanding Employer Spending on Employee Benefits: Trends and Strategies](https://blog.ahola.com/understanding-employer-spending-on-employee-benefits-trends-and-strategies) [![](https://blog.ahola.com/hubfs/Employee%20Walking.jpg) ](https://blog.ahola.com/what-is-age-discrimination-in-the-workplace) [What is Age Discrimination in the Workplace?](https://blog.ahola.com/what-is-age-discrimination-in-the-workplace) [![](https://blog.ahola.com/hubfs/Ahola%20CTA%20(5).png) ](https://blog.ahola.com/what-is-workplace-discrimination) [What is Workplace Discrimination?](https://blog.ahola.com/what-is-workplace-discrimination) ## SUBSCRIBE ### Recent posts - [Professionalizing HR Without Losing Your Family Culture ](https://blog.ahola.com/professionalizing-hr-without-losing-your-family-culture) - [Why Encouraging Employees to Take Summer Vacation Benefits Your Workplace ](https://blog.ahola.com/why-encouraging-employees-to-take-summer-vacation-benefits-your-workplace) - [Ahola Named a 2026 Top Workplace — Six Years Running! ](https://blog.ahola.com/ahola-named-a-2026-top-workplace) - ### Topics - [Affordable Care Act (13)](https://blog.ahola.com/tag/affordable-care-act) - [Benefits (223)](https://blog.ahola.com/tag/benefits) - [Cybersecurity (1)](https://blog.ahola.com/tag/cybersecurity) - [Employee Engagement (255)](https://blog.ahola.com/tag/employee-engagement) - [Employees (603)](https://blog.ahola.com/tag/employees) - [Family Business Insights (10)](https://blog.ahola.com/tag/family-business-insights) - [Hiring (282)](https://blog.ahola.com/tag/hiring) - [Human Resources (645)](https://blog.ahola.com/tag/human-resources) - [Laws/Policies (26)](https://blog.ahola.com/tag/laws-policies) - [Managing COVID-19 (153)](https://blog.ahola.com/tag/managing-covid-19) - [News Release (56)](https://blog.ahola.com/tag/news-release) - [Offboarding (3)](https://blog.ahola.com/tag/offboarding) - [onboarding (7)](https://blog.ahola.com/tag/onboarding) - [Payroll (428)](https://blog.ahola.com/tag/payroll) - [Recruiting (142)](https://blog.ahola.com/tag/recruiting) - [Safety (121)](https://blog.ahola.com/tag/safety) - [Tax Compliance (230)](https://blog.ahola.com/tag/tax-compliance) - [Time & Attendance (124)](https://blog.ahola.com/tag/time-attendance) - [Training & Development (214)](https://blog.ahola.com/tag/training-development) - [Trending Topic (75)](https://blog.ahola.com/tag/trending-topic) - [Uncategorized (1)](https://blog.ahola.com/tag/uncategorized) - [Webinars (69)](https://blog.ahola.com/tag/webinars) - [Workers Comp (1)](https://blog.ahola.com/tag/workers-comp) [see all topics](https://blog.ahola.com/is-gender-identity-considered-a-protected-class-under-employment-law#) ### GENERAL DISCLAIMER This blog is for informational and educational purposes only. It does not constitute legal advice, and cannot constitute legal advice, because the authors are not licensed attorneys. Readers should not rely or act upon any information presented on this blog without seeking professional legal counsel. The views expressed in each post are those of the author, and the author alone; they are not the views of Ahola. The information provided in this blog is general, and based on information available as of the date of publishing. Information herein is provided on an “as is” or “as available” basis; we make no warranty of any kind to you regarding the information provided and disclaim any liability for damages from use of the blog or its content. Please consult an attorney to obtain advice with respect to any particular question or issue. 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