New EEOC Resource for Disability Leave, Separate Guidance on Protections for LGBT Workers

171In May, the U.S. Equal Employment Opportunity Commission (EEOC) released new resources that focus on employer-provided leave under the Americans with Disabilities Act (ADA), and enforcement protections for Lesbian, Gay, Bisexual, and Transgender (LGBT) workers under Title VII of the Civil Rights Act (Title VII).

Protections for LGBT Workers

As stated by the EEOC’s website, the Commission “interprets and enforces Title VII’s prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation.” According to the new resource, “these protections apply regardless of any contrary state or local laws”. The new guidance addresses:

Examples of LGBT-related sex discrimination claims;

Training and outreach;

Charge data;

A description of the applicable federal law; and

Links to various technical assistance publications on LGBT issues.

Employer-Provided Leave and the ADA

The new resource provides answers to and guidance for frequenting asked questions received from employers and employees about leave requests that concern an employee’s disability.  It is meant to help educate employers and employees about workplace leave under the ADA in an effort to prevent discriminatory denials of leave from occurring. The resource addresses:

The interactive process;

Maximum leave policies;

“100% healed” policies;

Reassignment; and

Undue hardship issues (including the amount and/or length of leave required).

Employers may access the resources on employer-provided leave under the ADA and Title VII protections for LGBT workers via the EEOCs website for additional information.