Important Takeaways:
- The EEOC aims to weaponize a federal law prohibiting harassment on the basis of sex in the workplace by forbidding employers to believe that biological sex cannot be altered due to one’s self-identification
- “Accordingly, sex-based harassment includes harassment on the basis of sexual orientation and gender identity, including how that identity is expressed,” the EEOC claimed
- The proposed rule adds that business owners must shield their employees from “religiously motivated” harassment.
- “Employers are not required to accommodate religious expression that creates, or reasonably threatens to create, a hostile work environment,”
- Federal courts have repeatedly ruled that employers cannot compel employees to endorse speech with which they disagree.
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