Absence of conflict of interest.
Citation
Highlights
-
The study's objective was to examine the impact of a policy update to the Equal Employment Opportunity Commission (EEOC) on the number of charges filed and compliance with the law.
-
The study used an interrupted time series design to compare differences in the number of sexual orientation or gender identity (SOGI) employment discrimination charges filed before and after the policy update using EEOC’s data of filed SOGI discrimination charges.
-
The study found that after EEOC began to accept SOGI charges, there was an increase in SOGI charges overall, with a larger number of sexual orientation charges than gender identity charges. However, the authors do not conduct test of statistical significance.
-
This study receives a low evidence rating. This means we are not confident that any estimated effects are attributable to the EEOC policy change; other factors are likely to have contributed.
Intervention Examined
2013 Equal Employment Opportunity Commission (EEOC) Policy
Features of the Intervention
Under Title VII of the Civil Rights Act of 1964, employers are forbidden from discriminating against their employees on the basis of race, sex, color, religion, or national origin. The law prohibits discrimination in terms, compensation, working conditions, and other aspects of employment. The Civil Rights Act of 1964 created the Equal Employment Opportunity Commission (EEOC) to enforce Title VII.
Starting in 2013, the EEOC began to allow working people across the United States, including Washington, DC, to file charges for sexual orientation or gender identity (SOGI) related to employment discrimination. These charges could allege issues related to topics such as discharge, discipline, sexual harassment, terms and conditions, and harassment, among others. These charges could be filed through EEOC or through Fair Employment Practices Agencies (FEPA), local and state groups that agreed to share processing of these charges with EEOC.
Features of the Study
The study used an interrupted time series to examine trends in SOGI employment discrimination charges filed before and after the EEOC policy update in 2013. The data source was EEOC data of all SOGI employment discrimination charges filed to either EEOC or FEPA by anyone in any United States between 2012 and 2016. Authors explored trends for the number of SOGI employment discrimination charges filed in total, as well as the trends in sexual orientation charges and gender identity charges. However, the authors did not conduct tests of statistical significance.
Findings
Compliance
-
The study found an increase in the total number of SOGI charges filed between 2013 and 2014, with a decrease between 2015 and 2016.
-
Overall, the study found that more sexual orientation charges were filed than gender identity charges.
-
The study found that the number of sexual orientation charges increased from 2013 to 2015 and decreased from 2015 to 2016. However, the number of gender identity charges fluctuated over the time period, decreasing between 2013 and 2014, increasing between 2014 and 2015, and decreasing between 2015 and 2016.
Considerations for Interpreting the Findings
The authors explored trends in SOGI employment discrimination claims before and after EEOC’s updated policy was implemented. For these types of designs, the authors must observe outcomes for multiple periods before the intervention to rule out the possibility that SOGI employment discrimination claims had increasing or decreasing trends before the policy changed in 2013. Therefore, the study receives a low causal evidence rating.
Causal Evidence Rating
The quality of causal evidence presented in this report is low because it was an interrupted time series design, and the authors did not account for trends in outcomes before the intervention. This means we are not confident that any estimated effects would be attributable to the EEOC SOGI policy changes; other factors are likely to have contributed.