The Equal Employment Opportunity Commission (EEOC) provides guidance on federal workplace protections against discrimination, including harassment. The Anti-Harassment Guidance includes many examples and clarifications for employers and employees, including protections for LGBTQ+ employees.

Based on Title VII of the Civil Rights Act of 1964 and following the U.S. Supreme Court’s decision in Bostock v. Clayton County, the EEOC’s Anti-Harassment Guidance highlights that protections against sex discrimination include sexual orientation and gender identity.

• Tennessee et. al., v. Equal Employment Opportunity Commission

On May 13, 2024, the states of Alabama, Alaska, Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Nebraska, Ohio, South Carolina, South Dakota, Tennessee, Utah, Virginia, and West Virginia challenged the EEOC’s Anti-Harassment Guidance. The Guidance includes information on workplace protections and clarifies employers’ obligations and employees’ rights in several areas, including LGBTQ+ workers’ federal civil rights protections. 

On July 5, 2024, Democracy Forward filed a friend of the court brief in the U.S. District Court for the Eastern District of Tennessee on behalf of the Small Business Majority and Main Street Alliance, which represent thousands of small businesses throughout the country that the Anti-Harassment Guidance covers.

The brief explains that the EEOC’s Guidance, which provides clarity on Title VII and other federal civil rights, benefits employers by helping them understand their existing obligations under the law. The Guidance also helps employers reduce harassment and improve diversity, which is good for businesses’ bottom lines. 

• Texas and the Heritage Foundation v. Equal Employment Opportunity Commission

On November 20, 2024, on behalf of the Small Business Majority, Main Street Alliance, and American Sustainable Business Council, Democracy Forward filed a brief supporting the EEOC’s Guidance. The brief highlighted that the Guidance does not create new legal obligations but clarifies existing ones to help employers comply with federal civil rights laws.

The brief emphasizes that the Guidance is especially valuable for small businesses, which often lack extensive legal resources. This fosters inclusive and legally compliant workplaces. 

Prohibiting the Guidance’s application, as the states challenging it seek, would create confusion about employers’ obligations to employees, including for LGBTQ+ workers.