Title VII of the Civil Rights Act prohibits discrimination in the workplace because of an individual’s sex, and as the U.S. has moved to include more and more protections for LGBT workers, courts have found that this federal law protects individuals from discrimination due to their sexual orientation and gender identity. Learn more about the legal protections afforded to LGBT workers.
Supreme Court Case in 2020
While many people believed and argued that the Civil Rights Act should protect the LGBT community at their place of employment, opponents argued the Civil Rights Act did not actually protect LGBT workers. This argument has now been put to rest through a very recent Supreme Court case. LGBT workers were supported even further through the Supreme Court Case, Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020). In this case, the Supreme Court held that employers cannot fire any individual due to their sexual orientation or transgender status specifically under Title VII of the Civil Rights Act.
Issues Not Included in the Supreme Court Case
While the Supreme Court did hold that no employer can fire an LGBT worker for their sexual orientation or transgender status, the Supreme Court did not include any discussion regarding sex stereotyping or associational discrimination. Additionally, the Supreme Court’s decision did not actually address other issues including bathroom access, locker room access, or dress codes. The Supreme Court case also did not directly address certain religious liberty issues including how this would apply to religious employers.
What to Do if You Suffered Discrimination as an LGBT Worker
If you feel you suffered any kind of discrimination in the workplace as an LGBT employee, you have the legal right to protect yourself by enforcing your rights under Title VII of the Civil Rights Act.
Private Sector and State/Local Government Employees
Federal Government Employees
You may file a discrimination charge by contacting your governmental EEO counselor. More information is available at this link through the Equal Employment Opportunity Commission.
Contact an Employment Attorney
If you suffered any kind of harassment or discrimination due to your sexual orientation or gender orientation, you have legal rights. You have the right to work in a place of employment free from abuse and harassment, and free from a hostile work environment. Discrimination can take many forms and can include verbal abuse, mocking conversations, hostile talk, passed over for promotions or raises, or the inability to attend certain training resulting in the inability to further your career. Remember, you have legal rights under Title VII of the Civil Rights Act of 1964 and through court decisions affirming your rights.
If you feel you suffered any kind of discrimination in the workplace, consider visiting with an experienced employment attorney at the Law Offices of Jeremy Pasternak at 415-693-0300 or online, who can help you build a discrimination case to get the justice you deserve.