Which Federal Laws Cover LGBT Discrimination?
Same-sex couples now have the same rights and protections as heterosexuals in marriage because of the recent Supreme Court ruling in Obergefell v. Hodges. There is no federal law now forbidding any forms of sexual inclination discrimination save the newly defined right to marry. Private employers’ rights to discriminate against employees based on sexual orientation are not guaranteed by federal law. Few states have legislation protecting people from discrimination based on their sexual orientation.
Nonetheless, many businesses, workplaces, and lawmakers are trying to change that. Unfortunately, no federal laws against discrimination based on sexual orientation have been passed yet, despite efforts to introduce such legislation.
Ensuring that LGBT Americans legally marry is still a challenge. New legislation has been submitted but not approved in Congress due to a lack of legal protections. That includes work, housing, public accommodations, government funding, credit, education, and jury duty. Sexist discrimination in federal financing and public places would also be prohibited.
Obama has fought for job equality based on sexual orientation and gender identity. As a result, President Obama signed a new executive order on July 21, 2014, increased protections for all federal employees, including contractors and subcontractors, based on their sexual orientation and gender identity. Before, only race, color, religion, sex, and national origin could use to justify job discrimination claims.
This law also prohibits sexual orientation discrimination against many federal employees. In addition, the law prohibits workers or job applicants from discriminating against each other based on non-performance-related conduct, as defined in 5 U.S.C. 2302b)(10). This clause has construing to prevent sexual orientation discrimination.
The laws prohibiting sexual orientation discrimination currently exist in 22 states across the Country of Columbia and hundreds of localities (counties and towns). It includes private and public workplaces in 20 states.
The Laws that Prohibit Discrimination Based on Sexual Orientation
Anti-discrimination laws cover many federal personnel, as stated before. EEOC lawsuits filed by private employees are now protected as well. While no particular laws exist to protect all employees, several states, counties, and towns have executive orders or civil service rules prohibiting sexual orientation discrimination. Laws are protecting LGBT employees from discrimination in 22 states across the Country of Columbia. For employees in the private sector, legal recourse is limiting in these states.
It allows one to submit a claim if one is discriminated against for sexual orientation. Many workplaces also have their policies on this. For example, fortune 500 firms prohibit discrimination based upon sexual orientation and gender identity in 91 percent and 61 percent of their policies, respectively.
People discriminated against in the job because of their gender identity, or sexual orientation have a legal remedy through the Equal Pay Act (EEOC). To determine whether discrimination toward LGBT people is covered by Title Vii Rights Act of 1964, EEOC ruled in July 2015. The EEOC found that current civil rights statutes prohibit sexual orientation-based job discrimination by a 3-2 margin. In addition, the ruling covers private employees who file claims with EEOC office locations. Finally, the agency will examine whether the government relied on any intimate relations considerations and took gender into account when taking the claimed employment action. Because Federal judges give EEOC findings substantial deference, this EEOC ruling is nonetheless revolutionary.
What if the Boss Does Not know the Sexuality?
Suppose one is experiencing workplace discrimination or harassment. In that case, one may reveal the sexual orientation while speaking with human resources or management to see if the employer can help resolve the issue. Otherwise, the employer may claim it was ignorant of one’s sexuality and unable to resolve discrimination against one.
It is also becoming increasingly harder to justify withholding core civil rights laws in employment as more individuals become aware of their homosexual coworkers, neighbors, close relatives, friends, and professions.