Alexa Miller Discusses EEOC Efforts to Fight LGBTQ+ Bias With Law360

In the Law360 article “EEOC Suits Crystallize Commitment to Fighting LGBTQ+|+ Bias” labor and employment partner Alexa Miller commented on the U.S. Equal Employment Opportunity Commission’s (EEOC) efforts to fight employment discrimination in several recent lawsuits.

According to the article, the EEOC ended their fiscal year having filed 110 “merit suits,” which are cases that accuse employers of substantive anti-discrimination law violations. About 7% of those cases alleged sex-based bias on behalf of LGBTQ+ employees. Multiple suits filed by the EEOC alleged egregious verbal harassment against members of the LGBTQ+ community, such as slurs or homophobic and transphobic remarks, which Miller said could create a hostile work environment.

"Over the years, I do continue to see the EEOC going after situations where they're also trying to highlight things like ignoring pronouns and that, if it's intentional and consistent, that absolutely can create a hostile work environment,” Miller noted. “And the EEOC has had a lot of cases where they have tried to make that point very clear and try to encourage employers to be more proactive rather than reactive."