Keith Rolfe, CFO and COO of Lagos, is now at the jewelry brand’s helm while Steven takes on the role of executive chairman.
JVC: Complying with transgender legal developments
Sex discrimination laws recently have been interpreted to include discrimination on the basis of gender identity--an individual’s perceived gender. Suzan Flamm with the JVC tells jewelers what they need to know about these developments.
Most employers are familiar with the federal and state laws that prohibit discrimination on the basis of sex. These laws recently have been interpreted by the U.S. Department of Labor, state and local agencies, and courts to include discrimination on the basis of gender identity--an individual’s perceived gender, which may or may not be their actual gender. This means that it is unlawful for an employer to discriminate against an employee or applicant based upon gender identity. In some state and local jurisdictions, it is also unlawful to discriminate on that basis against visitors to places of public accommodation, including stores.
Below, we review the recent changes in state and federal law and how those impact jewelers, as both employers and owners of stores.
Gender identity and gender expression
Gender identity is an individual’s sense of being either male or female, or something other or in-between. Gender expression describes external behaviors that are perceived as either masculine or feminine, such as dress, mannerisms, speech patterns and social interaction. “Transgender” is an umbrella term. It includes anyone whose gender identity or gender expression does not match society’s expectations of how an individual who was assigned a particular sex at birth should behave in relation to that assignment.
Recent federal cases
The EEOC recently filed lawsuits against two companies, alleging that transgender employees at the companies had been subjected to sex discrimination. In both cases, the transgender employees alleged that they were fired shortly after notifying their employers that they would begin transitioning from presenting as men to presenting as women.
In a third action brought by the EEOC, a transgender employee, who presented as a man at the time of hire and later began to present as a woman, was not allowed by her company to use the women’s restroom. She also alleged that she was subjected to a hostile work environment, including hurtful language and the use of male pronouns in reference to her. While one of these cases
Guidance from the U.S. Department of Labor regarding restrooms
In its guidance, the U.S. Department of Labor advised that all employees, including transgender employees, should have access to restrooms that correspond to their gender identity--their sense of which gender they are. Employers should not impose unreasonable restrictions on employees’ use of restroom facilities by, for example, requiring them to use gender-neutral or other specific bathrooms and thus segregating them from other workers.
Moreover, transgender employees should determine the most appropriate and safest option for themselves, and employers should not obligate them to provide any medical or legal documentation regarding their gender identity. Employers who fail to comply with the guidance put themselves at risk of receiving a citation from OSHA. They would also be vulnerable to regulatory or private-party action under Title VII of the Civil Rights Act.
Transgender visitors to retail stores covered by some state and local laws
At the local level, 18 states and the District of Columbia have enacted laws that clearly prohibit transgender discrimination. In October of this year, the governor of New York State issued regulations banning harassment and discrimination against this protected class. Additionally, at least 200 cities and counties now ban gender identity discrimination.
The laws of many of these jurisdictions apply not only to employees, but also to individuals visiting places of public accommodation--establishments that provide goods and services to the general public, including retail stores.
In New York City, for example, it is a discriminatory practice for a public accommodation to refuse facilities or services based upon a person’s actual or perceived gender. Pursuant to this law, public accommodations, including stores, should allow individuals to use restrooms that are consistent with their gender identity or gender expression. They should also allow them the use of restrooms without requiring identification to prove their gender. Additionally, pursuant to the New York City law, individuals should be addressed with names and pronouns appropriate to their gender identity.
What employers and stores should do
Employers should adopt and implement policies that address the use by transgender employees of restroom facilities. The policy should make clear that a transgender employee will not be required to use any particular restroom. It should describe the options available to the employee. Next, train managers and human resources personnel regarding this policy. Make clear that transgender employees may use the facility where he or she feels safest and most comfortable.
Since stores are places of public accommodation, owners or managers should learn the law in their jurisdiction. If state or local laws prohibit transgender discrimination in public accommodations, such as stores, they should adopt and implement policies regarding restroom use, as described above. Be sure that employees are appropriately trained on the use of restroom facilities by transgender customers.
Conclusion
To stay in compliance with laws relating to discrimination in the workplace and in places of public accommodation, jewelers should stay current regarding all applicable regulations, and make sure that employees are trained on relevant law. The JVC is available to help the jewelry industry fulfill its obligations by providing educational resources. For more information, visit JVC’s website at www.jvclegal.org, or call 212-997-2002.
Suzan R. Flamm, Esq. is senior counsel of the Jewelers Vigilance Committee. Email her at suzan@jvclegal.org.
The Latest

Alberto Perez-Elias is one of four men charged in the armed robbery of a Cape Coral, Florida, jewelry store and remains at large.

The “Kat Florence Luminas” will be offered together as one lot and could fetch up to $637,000.

Submit your pieces for a chance to win in this year's competition.

Four directors were elected to the AGTA board and will serve three-year terms beginning in February.


Ken Citron joins the celebrity memorabilia-focused auction house ahead of its first week-long series of events in Abu Dhabi.

The jewelry retailer said it sees opportunity at higher price points, particularly in natural diamonds for bridal and fashion.

Retailers are seeking new ways to attract customers, increase traffic, and create revenue – Estate buying events are a popular solution.

The Los Angeles-based, family-owned jeweler was founded by Lenny and Sunny Friedman in 1946.

The auction, held in Bangkok, was 96 percent sold by lot, with nearly 411,000 carats of Mozambiquan rubies sold.

Fine Jewelry 2027-2028 has more than 900 new styles, including silver, gold-filled, gold-plated sterling silver, and vermeil jewelry.

Learn more about the new terms for lab-grown diamonds and composite gemstones, and the major changes in store for precious metals jewelry.

Bromberg is remembered as a Southern gentleman who always wore a suit and tie and treated others with kindness.

With high durability and a wide range of colors to choose from, sapphires may be the ultimate birthstone, Gizzi claims.

Laughter is often considered a distraction in the workplace, but it has benefits for both staff and management, Peter Smith writes.

Gretchen Koback Pursel is the new chief people officer at the company formerly known as Saks Global.

The California jeweler is renovating its store in Fresno, with plans to show off the new space in December.

A lifelong practitioner of Pilates, Gabrielle looked to the springs’ tension and suspension when creating this ring, our Piece of the Week.

The deadline to apply is Nov. 13.

The auction house has promoted Remi Guillemin, formerly its head of watches for the Americas and EMEA, to the role.

Zaven Ghanimian discussed the value of human craftsmanship and where the implementation of artificial intelligence does work.

Jewelers of America also revealed the recipients of the Seymour & Evelyn Holtzman Bench Scholarship and its own scholarship programs.

The British actor, known for his roles in “Twilight” and “The Odyssey,” will star in a campaign for the Master Control Chronometre.

The “Confetti Disco,” “Champagne Cheers,” “Tuxedo,” and “Classic Punk” jewelry collections each capture a distinct spirit of celebration.

Nelson Holdo of Newport Beach pleaded guilty to multiple counts of felony grand theft and writing bad checks and was sentenced Monday.

Cat ladies of the jewelry world, unite. Sandy Lerner’s “significant” collection of cat jewelry and other objects is going up for auction.

Arnaud Michon, the former Omega USA President, will now lead Messika’s Americas region during its international development.





















