We noted in our April 12, 2011 blog that “although Title VII does not cover lesbian, gay, bisexual or transgendered employees as such, some employees have brought harassment suits claiming “gender stereotyping” as a form of discrimination based upon gender, and not sexual orientation nor gender status. However, such cases must fall within a very narrow set of facts – i.e., the claim must be that the employer’s adverse action was based not upon sexual orientation or transgendered status, but upon a failure by the employee to conform to gender stereotypes.”
We also noted in our April 8, 2011 blog that “Congressman Barney Frank was set to introduce H.R. 1397 in the House — a bill to bar discrimination in employment based on sexual orientation or gender identity. He did, and found 111 co-sponsors for the bill. Although Acting EEOC Chairman Stuart J. Ishimaru said in September that the bill is “sorely needed” and “long overdue,” its passage in the Republican-controlled House is considered unlikely.”
Now it has been reported that the state of Nevada just passed into law legislation which forbids employment discrimination based upon gender identity or expression.