Jason Habinsky in HR Dive: Compliance Questions Remain After the High Court's LGBTQ Ruling

07/14/2020

Haynes and Boone, LLP Partner Jason Habinsky talked with HR Dive about the historic U.S. Supreme Court ruling in Bostock v. Clayton County, Georgia, and how it might impact employer policies about employment discrimination.

Here is an excerpt:

The decision in Bostock v. Clayton County, Georgia, was a historic moment for individuals in the LGBTQ community and for their employers. While some workplace policies are certain to change in the coming months, sources who spoke to HR Dive emphasized that many of the ruling's outcomes may not be known for some time.

Likely Points of Discussion for HR

Some organizational policies are more likely than others to require attention in light of Bostock, however. Employers operating in cities and states that do not already have local protections against sexual orientation- and gender identity-based employment discrimination will need to ensure their policies and practices include such protections clearly, Jason Habinsky, partner at Haynes and Boone, told HR Dive in an email.

"It follows that employers must also take all steps to enforce these protections, including updated training for supervisors and employees, as well as promptly investigating and soundly disciplining any violations on these bases," Habinsky added.

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