EEOC-Initiated Litigation - 2022 Edition

26 | EEOC-Initiated Litigation: 2022 Edition © 2022 Seyfarth Shaw LLP Priority #3 - Emerging Issues As a government agency, the EEOC is responsible for monitoring trends and developments in the law, workplace practices, and labor force demographics. On June 15, 2020, the Supreme Court ruled in its landmark decision, R.G. and R.H. Funeral Home v. EEOC/Bostock v. Clayton Count, that Title VII prohibits discrimination against gay or transgender employees as a form of sex discrimination. The EEOC has been diligently pursuing this theory of discrimination in the courts for several years, resulting in quite a few victories in line with the Bostock decision. Employers should expect that the EEOC will be even more vigilant in enforcing this new federal workplace protection for the foreseeable future.