This is an issue raised in the R.G. & G.R. Harris Funeral Homes v. EEOC case, for which the Supreme Court will hear arguments next month. In this case, the Equal Employment Opportunity Commission (EEOC) sued a Detroit area funeral home chain because the owner fired an employee due to disclosing her intent to transition from male to female. The lower court ruled in favor of the funeral home, but the Sixth Circuit Court of Appeals reversed the decision, arguing that transgender discrimination is a form of sex discrimination prohibited by Title VII. The Supreme Court agreed to review the decision.
In a tight labor market where attracting top talent has become increasingly difficult, offering employee’s perks other than a higher salary could help an applicant considering multiple offers accept your offer instead of others. One of the perks that some companies have considered offering is unlimited paid time off (PTO) programs. Before you write off the idea as wackadoo, hear me out.