Gender Identity and Sexual Orientation: Tips for Employers

June 30, 2021

By: Theresa E. Rusnak

As a bonus to Bond’s June 29 Back to Business webinar, Bond labor and employment attorney Theresa E. Rusnak addressed some frequently asked questions about issues related to gender identity and sexual orientation that employers might encounter.
When dealing with employee name changes, employers need to explain that some state and federal forms require an individual’s legal name be used. 

Employees who are transitioning genders are entitled to reasonable accommodations in the workplace if they develop a serious health condition as a result of medical procedures or medications. 

Gender dysphoria – defined as a conflict between a person’s physical or assigned gender and the gender with which they identify – remains a diagnosis that New York State accepts as a disability. Employers, therefore, need to accommodate workers who come forward with such a diagnosis. Theresa noted, however, that the term itself is a source of some controversy because most trans and non-binary individuals do not view themselves as disabled.

The full presentation covered the following topics:

  • Update from Albany
  • Return to Office Plans and HERO Act Concerns
  • Gender Identity and Sexual Orientation: Tips for Employers
  • U.S. Supreme Court Decision

Click here to view the webinar in its entirety or to register for upcoming Tuesday presentations.