Atlanta Employment Attorneys Blog
President Donald Trump signed a sweeping array of executive orders on the first day of his second term in office. One that has received much of the spotlight was Executive Order (EO) Number 14168, entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The signing of EO 14168 is a clear marker that the rules surrounding workplace gender identity discrimination are changing for some employers and employees but remain the same in most private workplaces. If you have questions about your (or your employer’s) compliance, make sure to consult an experienced Atlanta gender identity discrimination lawyer to get the answers you need.
One of the key areas receiving attention has been the impact of EO 14168 on trans rights. The order functionally eliminates all recognition of gender identity within the federal government. Under the order, a person is identified by their biological sex assigned at birth, regardless of the gender with which they identify.
This order likely has inspired many questions. One of these is how much the responsibilities of private employers and the rights of private employees in Georgia will change now that the new EO is in effect.
Unless your business (or your employer) is a federal contractor or a recipient of federal funds, the answer likely is “not much.” Private employers who are not federal contractors or recipients of federal monies are under no obligation to adhere to the EO’s positions regarding sex, gender, and gender identity.
Local Ordinances and U.S. Supreme Court Precedent
Additionally, private employers and employees should remain mindful of employers’ obligations to trans/non-binary/intersex employees and job candidates that remain in force at the local, state, and federal levels. Here in Atlanta, local ordinances expressly ban discrimination in employment decisions based on gender identity (or sexual orientation.) That ban applies to public and private employers. The cities of Clarkston and Doraville in DeKalb County have enacted similar local ordinances.
The State of Georgia has no law banning employment discrimination based on gender identity. At the federal level, though, there’s the 2020 U.S. Supreme Court ruling in Bostock v. Clayton County. That decision said that discrimination based on gender identity constitutes a form of sex discrimination and, therefore, is a violation of the anti-discrimination provisions in Title VII of the Civil Rights Act.
That opinion remains in effect; EOs have no limiting impact on existing Supreme Court precedent. So, if an employee experiences gender identity discrimination in Georgia, they may still pursue a Title VII case.
As a private employer, your workplace anti-discrimination policies and practices likely should not change much in the wake of the signing of EO 14168. Similarly, as a private employee, your rights regarding workplace gender identity discrimination are mainly unchanged.
EO 14168 does, however, highlight that the rules surrounding discrimination and discrimination prohibitions in the workplace are often shifting and realigning. To ensure that you (or your employer) are compliant with the latest evolution of the law, it pays to obtain skilled legal representation. For the reliable and experience-driven answers you deserve for all your employment discrimination questions, talk to the Atlanta gender identity discrimination attorneys at the law firm of Parks, Chesin & Walbert. Our knowledgeable attorneys can help clarify all the employee rights and employer obligations applicable to your situation. Contact us through this website or at 404-873-8048 to schedule a consultation today for the advice and guidance you need.