LGBTQ Discrimination
At Ryan Employment Law, we believe that everybody has the right to be free from discrimination in the workplace. This includes members of the LGBTQ community who deserve to work in an environment that is inclusive and respectful of their identity.
LGBTQ discrimination can take many forms, from unfair treatment to harassment or even wrongful termination based on someone's sexual orientation or gender identity. It is essential to understand what LGBTQ discrimination looks like and why it is wrong.
In Bostock v. Clayton County, the Supreme Court held that Title VII of the 1964 Civil Rights Act’s prohibition against discrimination of sex also covers the prohibition of sexual orientation and gender identity. Sexual orientation discrimination is when an employee is denied a promotion, fired, transferred to a less favorable position, or treated adversely because the employee is gay, lesbian, bisexual, or has another sexual orientation. Gender identity discrimination is adverse treatment at work because you identify as a gender other than the one you were assigned at birth, such as transgender status.
An employer cannot force an employee to wear clothing designated for the gender that the employee does not identify. However, courts have upheld workplace dress and grooming standards, like men may not wear makeup or jewelry. Work rules requiring women to have long hair and men to have long hair are also not discriminatory.
LGBTQ discrimination is not only unethical but also illegal. Every individual should have the right to work in an environment free from discrimination and harassment. It is essential to combat LGBTQ discrimination to create a more inclusive and equitable workplace for all.