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There’s significant confusion over what the laws are regarding gender identity and sexual orientation discrimination.
Despite the outward discrimination against transgender people (see the transgender military ban), transgender employees are still listed as a protected class under Title VII of the Civil Rights Act of 1964 on the U.S. Equal Employment Opportunity Commission (EEOC) website.
The EEOC is a federal agency tasked with enforcing federal laws that make it illegal to discriminate against an employee or job applicant on the basis of discrimination. The EEOC website specifically states, “Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII.”
With different parts of the U.S. government making different claims about this federal law, it has created a confusing and hostile environment for LBGTQ individuals in the workplace.
Several lawsuits are making their way up to the Supreme Court on this exact issue. Aimee Stevens is suing the funeral home where she worked for nearly six years after they fired her for coming out as transgender. The conservative majority on the Supreme Court could result in LGBTQ community suffering a huge backslides in civil rights.
Like the #MeToo movement and the #StopTheHate campaign, the LGBTQ community and friends must again raise awareness of the discrimination occurring and fight to protect their civil rights. According to Human Rights Campaign, 85% of Fortune 500 companies now include gender identity in their discrimination policies (this is up from 3% in 2002!)
Filing a lawsuit against an employer for gender identity or sexual orientation discrimination is one way to fight back. Show companies you won’t sit back while they demote you, take away your benefits or terminate you for revealing your gender identity or sexual orientation.
Even subtle forms of sex discrimination can add up and create a hostile work environment. Consult with an attorney to learn whether you have a strong case. Get justice today.
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