VA Pride Lanyard Ban: Why It Likely Violates Federal Law
federal employment lgbtq rights title vii va employees workplace discrimination Oct 28, 2025If a VA hospital bans rainbow lanyards or warns employees they can be fired for wearing Pride colors, that’s not just poor optics—it’s likely unlawful. Under Title VII of the Civil Rights Act, which applies to federal agencies, discrimination based on sexual orientation or gender identity is discrimination “because of sex.”
The Supreme Court’s 2020 Bostock v. Clayton County decision made this explicit, and subsequent rulings have reaffirmed it. That means any policy that targets LGBTQ identity—or expression tied to that identity—falls under the same legal protection as discrimination against men or women.
Neutral Dress Codes Are Lawful—Selective Bans Are Not
Agencies can regulate workplace attire, but those rules must be neutral and consistently enforced. A rule saying “no messages or logos of any kind” applies evenly and is usually permissible. But a rule that bans only rainbow symbols or Pride-themed items—while allowing sports logos, awareness ribbons, or holiday pins—isn’t neutral. It singles out LGBTQ expression for punishment, which is differential treatment tied to sex.
Even invoking an executive order won’t change that: executive directives cannot override civil rights statutes or Supreme Court precedent.
Pride as a Signal of Safe, Non-Discriminatory Care
At VA hospitals, Pride emblems also serve a legitimate patient-facing purpose. For many LGBTQ veterans, a rainbow lanyard or pin signals safety and respect in medical settings. Banning such symbols can reinforce stigma and suggest bias within patient care. Courts and EEO officials often view that as evidence of a hostile work environment rather than a valid dress-code interest.
How Federal Employees Can Protect Themselves
If you’re threatened or disciplined for Pride colors or VA-issued lanyards:
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Ask for the rule in writing. Compare it to how other symbols are treated.
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Document everything. Save emails, screenshots, and notes on who said what, when, and under whose authority.
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Contact an EEO counselor within 45 days. This preserves your right to a Title VII claim.
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Comply under protest if necessary. Following an order doesn’t waive your rights, but refusing could risk discipline.
If the action escalates to discipline or removal, mixed-case appeals before the Merit Systems Protection Board (MSPB) may also be available. Employees who prevail can often recover back pay, compensatory damages, and attorney fees.
The Bottom Line
A Pride-specific ban almost certainly violates Title VII’s prohibition on sex discrimination. A truly neutral, evenly applied dress policy may stand—but a selective one does not.
At Southworth PC, we stand with the people who serve America—of every orientation and identity. If you’re facing a Pride-related restriction or threat of discipline, you can reach out through attorneysforfederalemployees.com to explore your options.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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