In 2020, the Supreme Court found that discrimination against LGBTQ workers was illegal, citing the Civil Rights Act of 1964. The landmark decision offered previously unavailable protections to those who had been fired or discriminated against within the workplace for their gender identity or sexual orientation. “It is impossible to discriminate against a person for being homosexual or transgender without discriminating…based on sex,” wrote Justice Neil Gorsuch in the majority opinion.
The decision came at a point when more than half of the states failed to offer such protections. Discrimination based on sexual orientation or gender identity is now outlawed in the workplace, following years of activism by LGBTQ groups to reach such a decision. Many legal analysts hailed the decision as a game-changer, noting that it sets precedents for protections of LGBTQ individuals in other areas as well.
The decision noted that while those in Congress who passed the law in 1964 did not expressly say it covered the rights of gay or transgender individuals, the intent of the law extended to other groups that might face discrimination. The decision made it clear that the act, which barred discrimination based on race, color, religion, sex or national origin, was meant to protect those facing discrimination for their sex, such as a transgender woman who was fired after coming out at her workplace.
The Trump administration had sided with the employers in the three cases the Supreme Court considered in its ruling. The majority opinion noted that while LGBTQ rights were not a focus of the law in 1964, subsequent legal decisions have expanded the law to include more expansive protections. “The limits of the drafters’ imagination supply no reason to ignore the law’s demands,” wrote Gorsuch. Among the dissenting opinions, the justices said that the matter should be left to states or decided by Congress.
WHAT IS LGBTQ DISCRIMINATION IN THE WORKPLACE?
Discrimination against LGBTQ individuals occurs because of their sexual orientation or gender identity. Like other forms of discrimination, it can involve a workplace where people are made to feel uncomfortable simply because of who they are. Examples of LGBTQ discrimination include:
- Discrimination in job interviews
- Unwelcome or hostile workplace environment
- Denying a promotion due to sexual preferences or gender identity
- Firing due to sexual orientation or gender identity
- Verbal or physical abuse because of gender identity or sexual orientation
LGBTQ discrimination, or sexuality discrimination, usually looks a lot like gender discrimination. Except instead of being discriminated against because of your gender, you’re discriminated against because of how you dress, your sexual identity or your sexual orientation.
ARE THERE PROTECTIONS AGAINST LGBTQ DISCRIMINATION IN THE WORKPLACE?
Yes. Until 2020, protections were piecemeal, given in individual states but not extended through legislation or judicial rulings. The Equal Employment Opportunity Commission had established that Title VII of the Civil Rights Act offered protections for LGBTQ individuals. However, the Trump administration pursued policies that removed protections for transgender individuals — changes that were blunted by the Supreme Court ruling.
ARE FEDERAL EMPLOYEES PROTECTED FROM SEXUAL ORIENTATION OR GENDER IDENTITY DISCRIMINATION?
Yes. Even before the Supreme Court ruling, actions taken in 1998 and 2014 by Presidents Clinton and Obama instituted protections for federal employees based on sexual orientation and, later, gender identity. Those protections covered about 20% of the U.S. workforce, also including individuals working on federal contracts but not directly for the federal government. The Supreme Court ruling extends protections to those in other public and private industries.
State Legislation Against LGBTQ Discrimination
You can see where each state stands on non-discrimination laws for the LGBTQ population with this map. Twenty-two states and Washington, D.C., protect against discrimination based on gender identity and sexual orientation.
Pennsylvania offers no state legislation against LGBTQ discrimination. However, more than two dozen municipalities have passed LGBTQ ordinances that offer protection. Carlisle, for instance, approved an ordinance at the end of 2016 that ensures equal protection in employment and housing, no matter one’s sexual orientation or gender identity.
The Supreme Court ruling offers protections to workers in states that do not have any protections for LGBTQ workers.
Seek Legal Advice to Determine What You Can Do to Fight LGBTQ Discrimination
If you’ve been discriminated against due to your sexual orientation or your gender identity, you should call a lawyer to see what options you have.
An LGBTQ discrimination lawyer at Weisberg Cummings, P.C. can help you determine if what you’re dealing with is considered discrimination. Call our office at (855) 716-2367 to set up a free consultation.
