Dan's Desk

Gender Orientation & Public Accommodation: A Bullet Point Primer

Written by Dan Gallatin | Mar 20, 2024 2:30:00 PM
The topic is not going to go away any time soon as the therapies evolve and more people make choices on the subject matter.  It is a very deep and complicated legal topic, one that cannot be covered in a single posting.  So, here's a bullet point primer to introduce some legal fundamentals for you and your business or workplace.
 
  1. You cannot unlawfully discriminate based on sex, gender, orientation, or the like.
  2.  You cannot refuse to do business with someone based on the same variables.
  3. Sexual orientation is very broadly defined to include "having or being perceived as having a self-image or identity not traditionally associated with one’s biological maleness or femaleness.
  4. If any of the variables which are prohibited from being the basis for your decision, there are still lawful bases for a business decision to not engage in a business dealing.
  5. An employer’s designation of employee restroom use based on biological gender is not sexual orientation discrimination.  This is one of the more common issues my business clients ask about.
  6. If you have a "legitimate business purpose" the otherwise prohibited variables can still be the basis for your decision.
 
Take these points in for now.  Soon I'll add to this with information on what is a "legitimate business purpose" and other critical terms.