Sexual orientation and gender identity discrimination law at work

For managers, HR and all employees: what federal and state law says about sexual orientation and gender identity at work after Bostock, what changed in 2025 and 2026, and how to act lawfully and respectfully.

For: Managers, supervisors, HR professionals and all employees in US workplaces

  • 2 contact hours
  • 8 modules
  • 9 interactives
  • 4 job aids
  • Updated October 11, 2026

What you will be able to do

  • Use key terms related to sexual orientation and gender identity accurately and communicate respectfully at work.
  • Explain what Bostock v. Clayton County held and identify the employment decisions Title VII covers.
  • Describe the 2025 and 2026 changes in federal agency positions and distinguish them from the statute and court precedent that remain in force.
  • Identify how state and local laws can provide broader protection, and find the rules that apply where you work.
  • Apply harassment, retaliation, religious accommodation and privacy rules to realistic workplace situations, including those involving restrooms, pronouns, dress codes and benefits.
  • Respond to concerns and complaints consistently and escalate to HR or counsel when the law is unsettled.

This gender identity discrimination training explains the law that governs sexual orientation and gender identity at work: what the Supreme Court decided in Bostock v. Clayton County (2020), how Title VII applies to hiring, firing, pay and other decisions, how harassment and retaliation rules work, and where state and local laws add broader protections. It also covers the areas where the law is unsettled, including restrooms, pronouns, dress codes and benefits, and how religious accommodation fits in after Groff v. DeJoy (2023).

It is written for everyone who works with others: managers who make decisions, HR staff who handle complaints, and employees who want to understand their rights and responsibilities. Scenarios follow staff at an outdoor equipment manufacturer in Pennsylvania and a hotel in West Virginia, two states with different legal frameworks.

The federal enforcement picture changed significantly in 2025 and 2026: an executive order on sex and gender, a federal court ruling that vacated parts of the EEOC's harassment guidance and the EEOC's January 2026 vote to rescind that guidance. The statute and Supreme Court precedent did not change. This course states the law neutrally and accurately, separates settled law from open questions and tells you when to involve HR or counsel.

What you’ll be able to do Monday morning

  1. Make sure hiring, pay, promotion and discipline decisions are based on job-related criteria, never on someone's sexual orientation or gender identity.
  2. Know which state and local laws apply in each location you manage, using the state quick-reference.
  3. Treat any complaint about comments, jokes, exclusion or outing as a complaint, and route it to HR the same day.
  4. Keep information about an employee's sexual orientation, gender identity or transition private unless they choose to share it.
  5. Route requests involving restrooms, pronouns, dress codes or religious objections to HR, because the law in these areas varies and is changing.

Curriculum

8 modules · 31 lessons · about 2 contact hours

01What do the key terms mean, and why does respectful language matter at work?Free preview16 min
  1. Which terms do you need to know?
  2. Why does language matter legally and practically?
  3. How should a manager handle a disclosure like Jarrah's?
  4. What if you make a mistake?
  • Self-assessment: How ready is your team?

Diagram · In practice checklist · 2-question knowledge check

02What did Bostock decide, and what does Title VII cover today?17 min
  1. What did the Supreme Court hold in Bostock?
  2. Who is covered, and which decisions does Title VII reach?
  3. How does this play out in Manon's hotel?
  4. How do discrimination claims proceed?
  • Decision tree: Which law covers this decision?

Diagram · In practice checklist · 3-question knowledge check

03What changed at the EEOC in 2025 and 2026, and what did not?16 min
  1. What is the difference between law and guidance?
  2. What happened in 2025 and 2026?
  3. What did not change?
  4. How should employers respond to a changing federal picture?
  • Matching activity: Law, precedent or guidance?

Diagram · In practice checklist · 3-question knowledge check

04Where do state and local laws go further than federal law?16 min
  1. How do state laws differ from Title VII?
  2. What about cities and counties?
  3. How do you find and verify the rules that apply?
  4. Which state agencies enforce these laws?
  • State rules selector: State sexual orientation and gender identity protections

Diagram · In practice checklist · 3-question knowledge check

05When does conduct become unlawful harassment, and what counts as retaliation?18 min
  1. What makes harassment unlawful?
  2. When is the employer responsible?
  3. What is retaliation, and why is it the bigger risk?
  4. What should managers do when a concern is raised?
  • Branching scenario: The complaint about the break room
  • Spot the issue: Spot the problems in the team chat

Diagram · In practice checklist · 3-question knowledge check

06What is the current law on pronouns, restrooms, dress codes and benefits?18 min
  1. How settled is each issue?
  2. What about names, pronouns and restrooms?
  3. How should dress codes and benefits be handled?
  4. How do you make decisions when the law is unsettled?
  • Sort activity: Settled law or ask counsel?

Diagram · In practice checklist · 2-question knowledge check

07How do religious accommodation, privacy and inclusive policy fit together?18 min
  1. What does Title VII require for religious accommodation after Groff?
  2. How might Bayani handle Milos's request?
  3. Why is privacy so important?
  4. What does an inclusive policy look like within the law?
  • Ethics dilemma: The team volunteer day

Diagram · In practice checklist · 3-question knowledge check

08How do you put it all together in everyday decisions?14 min
  1. Eight everyday situations and the first step
  2. What should every employee know?
  3. What should every manager do consistently?
  • Spot the issue: Review a draft policy

Diagram · In practice checklist · 2-question knowledge check

Final assessment: 23 questions, 75% to pass, then your certificate

Try it now, no account needed

The complaint about the break room

A branching scenario from this course. Your choices are not saved.

Free sample activity

The complaint about the break room

You supervise a warehouse team of 20. Fulvio, a forklift operator, tells you that two coworkers have been calling him slurs because he is gay, and that someone wrote one on his locker. He asks you not to make a big deal of it.

Inside the course

Practice activities

  • Self-assessment1
  • Decision tree1
  • Matching activity1
  • State rules selector1
  • Branching scenario1
  • Spot the issue2
  • Sort activity1
  • Ethics dilemma1

Job aids you keep

  • Sexual Orientation and Gender Identity Workplace ChecklistChecklist
  • Respectful Workplace Policy: Sexual Orientation and Gender Identity (Starter)Policy starter
  • Scenario Worksheet: Sexual Orientation and Gender Identity SituationsWorksheet
  • State Quick-Reference: Sexual Orientation and Gender Identity at WorkReference sheet

Credit and approval status

Certificate of completion

This course awards a certificate of completion for 2 contact hours of instruction. It is not approved by SHRM, HRCI, IACET or any state agency, licensing board or continuing education accreditor, and it does not grant recertification credit today. No federal law requires a specific course on this topic; some states and cities require employers to provide harassment prevention training that covers sexual orientation or gender identity, and your employer decides whether this course is part of that training. Check with your employer, state agency or certifying body whether this course meets your specific requirement.

Pathways we may pursue include SHRM professional development credit recognition, HRCI recertification credit pre-approval and IACET accreditation. None of these approvals exists today; the course page will show an approval only after it is granted.

Our full approvals list

State notes

Federal law (Title VII, as interpreted in Bostock) applies to employers with 15 or more employees in every state. State and local laws add to it in four main ways:

  • Express protection: more than 20 states and the District of Columbia expressly list sexual orientation and gender identity (sometimes also gender expression) as protected characteristics in their employment discrimination laws, including California (Gov. Code 12940), New York (Executive Law 296), Illinois (775 ILCS 5), Colorado (C.R.S. 24-34-402) and Washington (RCW 49.60.180). Pennsylvania's Human Relations Commission reads "sex" to include sexual orientation and gender identity in regulations effective in 2023.
  • Smaller employers: many state laws cover employers with fewer than 15 employees, so protection can apply where Title VII does not.
  • Specific rules: some states and cities address names, pronouns, restrooms and dress codes directly in statutes or regulations.
  • Changes in both directions: Iowa removed gender identity from its civil rights act effective July 1, 2025, while keeping sexual orientation; other states have expanded protections. Some states also restrict access to certain sex-separated facilities in government buildings.

Use the state block in Module 4 and confirm the current rules with your state civil rights agency or counsel, especially for multi-state workforces.

Questions about this course

Is this gender identity discrimination training approved for SHRM or HRCI credit?

Not today. You receive a certificate of completion for 2 contact hours of instruction. We may seek SHRM professional development credit recognition, HRCI pre-approval or IACET accreditation in the future, and the course page will show an approval only if one is granted. Your employer can review the outline and objectives if it needs to decide whether the course fits its training plan.

Does federal law still protect gay and transgender employees after the 2025 changes?

Yes. Bostock v. Clayton County (2020) is a Supreme Court decision interpreting Title VII, and agency changes do not overrule it. Firing or refusing to hire someone for being gay or transgender remains unlawful for covered employers. What changed is the EEOC's guidance and enforcement priorities, and some related questions, such as restrooms and pronouns, are unsettled. The course explains which is which.

Does the course cover my state's law?

It explains how state and local laws commonly go further than federal law and includes a state block with verified examples for several states. It is not a state edition. Multi-state employers should confirm the rules in each location with the state civil rights agency or counsel, because state laws in this area have changed in both directions recently.

Who should take this course?

Managers and supervisors who make employment decisions, HR professionals who handle complaints and policies, and employees who want a clear, neutral explanation of the law. It does not assume any prior legal knowledge and does not ask anyone to change their personal beliefs; it explains what the law requires of conduct at work.

How long does it take, and how is it assessed?

Plan on about two hours for seven modules, scenario exercises, short knowledge checks and a 23-question final assessment drawn from a larger bank. You need 75 percent to pass. Most questions are workplace scenarios, so you will need to apply what the modules teach.

Can I use the job aids?

Yes. The workplace checklist, policy template, scenario worksheet and state quick-reference are yours to adapt. The policy template is a starter only; because this is a legally sensitive and changing area, have employment counsel review any policy before you adopt it.

This course is general education and training awareness from CE Courses Hub on sexual orientation and gender identity discrimination law. It is not legal advice and does not replace your employer's policies, the law of your state or city, or advice from a qualified employment attorney. Completing it earns a certificate of completion for the stated contact hours; it is not approved or accredited by any licensing board, state agency or accreditor unless an approval is shown on the course page. Check with your board, employer or state agency whether this course meets your specific requirement.