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About Workplace Discrimination and Harassment Policies

The line between employment protections from discrimination and protections from harassment is not clearly defined, but many legal experts believe that anti-discrimination policies emphasizes responsibility of the employer and anti-harassment policies emphasize the responsibility of the employees. Often, anti-harassment and non-discrimination statements are wrapped into the same policy language.

The vast majority of Fortune 500 corporations already prohibit discrimination based on sexual orientation, and many prohibit discrimination based on gender identity.

Non-Discrimination/Equal Employment Opportunity Policies

Employers should include "sexual orientation" and "gender identity" or “gender identity or gender expression” as protected classes, in addition to federally protected classes, in non-discrimination policies.

An employer’s non-discrimination policy, or equal employment opportunity policy, typically covers conditions of employment including hiring, promotions, termination and compensation.

The policy can be posted as part of job announcements, but should be easily obtained from an employer’s website as part of career or diversity-related materials.

Anti-Harassment Policies

Specifically referencing “sexual orientation” and “gender identity” or “gender identity or expression” in anti-harassment policies sends a clear message that all employees will be respected and able to work free of any kind of harassment, and that no form of harassment or offensive conduct directed at individuals based on sexual orientation or gender identity, in addition to other classes protected by law, will be tolerated.
 

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